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Mônica Bergamo: Bolsonaro's arrest angers Supreme Court justices, isolates Moraes and may be reconsidered

Mônica Bergamo: Bolsonaro's arrest angers Supreme Court justices, isolates Moraes and may be reconsidered

Jair Bolsonaro 's ( PL ) house arrest angered ministers of the Supreme Federal Court ( STF ) and left Alexandre de Moraes isolated in the Court.

Judges, including those not participating in the trial of the former president in the First Chamber, and also some who are part of it, consider that the decision was exaggerated, unnecessary and unsustainable from a legal point of view.

A bald man dressed in a black toga sits in a red chair. He appears pensive, with his hand partially covering his face and his eyes cast down. The background is dark, highlighting his serious, contemplative expression.
Minister Alexandre de Moraes in a session of the First Chamber of the STF - Gabriela Biló/Folhapress

By doing so, they say, the minister weakens the Supreme Court precisely at a time when the Court, and especially he himself, are under fierce attack from a foreign power, the United States.

Although Moraes continues to enjoy strong support from his colleagues and recognition for the role he has played thus far and the personal price he has paid in containing attacks on democracy, the impression is that he erred in this specific case.

The bet, and hope, among Supreme Court members is that Moraes might reconsider the ruling that sent Bolsonaro under house arrest. The problem would be the justice's personality, as he rarely gives in and doesn't usually follow his colleagues' advice.

If he maintains the decision, the members of the First Chamber could overturn it, which is not considered impossible, but very difficult to happen.

From a technical point of view, judges interviewed by the column consider that it makes no sense for Moraes to state, in a previous decision, that Bolsonaro was free to "give speeches at public or private events" and then order the arrest of the former president because he spoke to protesters in Copacabana on Sunday (3).

On this day , through a telephone call transmitted on speakerphone by his son, Senator Flávio Bolsonaro , the former president said "Good afternoon, Copacabana. Good afternoon, my Brazil. A hug to everyone. It's for our freedom. We are together."

From a political standpoint, members of the Supreme Court told the column that Moraes' decision had the effect of breaking the consensus that had existed until then among broad sectors of the business community, the press and public opinion that the attacks by US President Donald Trump on Brazil were receiving adequate responses from the Supreme Court.

The wind was in favor of the Supreme Court and against Trump and Jair Bolsonaro. But since Monday (4), they say, it began to change.

Before Bolsonaro's arrest, several polls showed that the Brazilian population was against Trump's actions, which condemned the Bolsonaro family for the tariff hike. Lula's reaction in defense of Brazilian sovereignty was also approved by the majority.

Even Moraes' decision to put an ankle bracelet on Bolsonaro was approved by the majority, who believed that he could, indeed, flee Brazil.

Businesspeople, economists, political scientists, lawyers, diplomats, and former foreign ministers were practically unanimous in saying that the American was trying to blackmail the country and that Bolsonaro and his son were betraying their own country.

After Moraes' decision, a judge says, the bill for Trump's tariff hike began to fall on the Supreme Court's lap.

Newspaper editorials, analysts, and businesspeople began to harshly criticize Moraes' decision.

Bolsonaro's defense has already appealed to the judge to reconsider the ruling.

IDDD President Guilherme Carnelós welcomed guests to the 25th anniversary party of IDDD (Institute for the Defense of the Right to Defense). The event took place at the Tucarena Theater in São Paulo on Monday (4) and was attended by the president of the institute's board, Roberto Soares Garcia, the executive director, Marina Dias, and the counselor Dora Cavalcanti. The elected president of the OAB , Leonardo Sica, and IDDD counselor Fábio Tofic were also present.

with DIEGO ALEJANDRO, KARINA MATIAS and VICTÓRIA CÓCOLO

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