Minister Gilmar Mendes in plenary (Dorivan Navy / SCO / STF / Handout)
The vice president of the Supreme Electoral Tribunal (TSE), Minister Gilmar Mendes, decided to refer to the Attorney General's Office an official letter requesting the investigating possible criminal practices involving the hiring of graphical VTPB the campaign of President Rousseff in 2014. decision had the support of three other ministers of the electoral court, which made the choir criticism of the Attorney General of the Republic, Rodrigo Janot, who decided to file the claim calculation.
The ministers Dias Toffoli, president of the TSE, Joao Otavio de Noronha and Henrique Neves agreed with Gilmar, who countered the speech of the Attorney General on the "inconvenience" of Justice and Electoral Prosecutor become "exaggerated protagonists of democracy show" . As for the ministers Luciana Lossio, Maria Thereza de Assis Moura and Rosa Weber - who replaced the Minister Luiz Fux - did not comment on the case. The first two have adopted a softer position on the investigations against Dilma that are underway in the TSE.
"Special Cause astonishment the statement of the head of the Federal Public Ministry that electoral justice and the prosecution should not be protagonists of democracy show," said Gilmar in critical direct to Janot decision. "The role of electoral justice must take place in a minimalist way, that is to say that the agents should stick their heads in the land as ostrich so that the unlawful are not seen?" amended.In an interview published by the newspaper O Estado de S.Paulo, Gilmar ranked the opinion of Janot as"ridiculous" and said the argument goes "childish child."
The minister Dias Toffoli also disputed stretch of the order of the attorney general who defends the electoral Justice must promote social peace. "The exercise of this social peace that the electoral justice brings is because of their action and not their non-action," Toffoli said, adding that the decision to determine the investigation of facts concerning the Rousseff campaign "is not an isolated determination Minister Gilmar Mendes. "This consists of the TSE's judgment is a determination of the Court," he argued. The President of the Court repeated a phrase that has been said by Gilmar, that the investigation should take place to determine even "deviations They may have as victim the campaign itself. "
The Minister Henrique Neves cited the judgment of the provision of the 2007 accounts, in which the Court had like attitude adopted regarding the PT campaign. According to him, "was exactly the same procedure that this Court adopted," he recalls.
Already Noronha said that although Janot defend a "minimalist" approach of the electoral Justice and prosecutors, have witnessed the leading role adopted by the prosecution in the 2014 elections, "I am a witness of how engaged the ministers so that we could proceed elections serious, democratic, transparent, "he teased. "I am a witness that electoral Justice has not, contrary to what stated in the order, an exaggerated protagonist. There was a process that cassava, and very hard, and the MP acted in a way that sought to unregister the Mr. Paulo Maluf (federal deputy for the PP-SP). The electoral justice was protagonist in ensuring law enforcement, "he said.
Noronha, who is rapporteur of two actions investigating the campaign of Dilma Rousseff also repeated assertions that have been made by Gilmar Mendes, that the Court adopts "asymmetric" positions on cases involving mayors, governors and the president. "We judge record contesting the mayors of small towns every day. If there is to small, why can not there be for the greatest?" He asked.
The minister also took the opportunity to say that investigations happen later form the graduation of the candidates elected "because the facts are revealed after the conclusion of the process, the elections," he said. "All this is done so that there is a control, albeit after the event, the legitimacy of the election campaign. This should not be included as a measure of persecution, of discontent," he argued.
(With Estadão Content)
