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> As far as I know this is disputed and not black-and-white, there's been a back and forth between PGR, AGU and the court on the legality of the Supreme Court o
by diegoholiveira 2y ago
> As far as I know this is disputed and not black-and-white, there's been a back and forth between PGR, AGU and the court on the legality of the Supreme Court on investigating activities that directly affect members of the court (including technical employees employed by the court themselves). I'm not so into Brazilian politics since I left more than 10 years ago but got some context from chatting with some law practicing friends.
Hard to say because, you know, it's a secret thing. More info here: https://www.jusbrasil.com.br/noticias/inquerito-do-stf-inconstitucional-e-inquisitorial-ex-officio/853311888 https://www.jusbrasil.com.br/noticias/inquerito-do-stf-incon...
> I don't understand what this means
The judiciary cannot act ex officio. It must be prompted by the public prosecutor or another party, such as defense attorneys.
> What person? Would like to research more about this case.
Filipe G Martins.
> Is this about the "O Antagonista" and "Crusoé" debacle from 2019?
Yes.
> Edit: just checked about the case in 2019 and if that is what you refer to, the request to take down the article was due to the article lying about Odebrecht mentioning Dias Toffoli.
Toffoli name was into Odebrecht spreadsheet.
> Reporting that his deposition was reported to the PGR and Lava Jato task force while both denied receiving any material about it. It sounds like a pretty clear case of defamation/libel.
Funny. Evidence collected from Lava Jato is illegal. But Telegram messages collected by a hacker and whose authenticity was not confirmed, were normally used to free corrupt individuals from jail.
Furthermore, who provoked the Supreme Court to censor this article? Or was it something ex officio? If the Supreme Court was provoked, why didn't they choose another rapporteur for the case? Allowing the case to be judged by the supposed "victim" violates some basic precepts of law.
> What newspaper was censored in this case? Also keen to check it out if given more information.
https://www1.folha.uol.com.br/colunas/painel/2024/08/moraes-censura-entrevista-da-folha-com-ex-assessor-de-bolsonaro.shtml https://www1.folha.uol.com.br/colunas/painel/2024/08/moraes-...
https://noticias.uol.com.br/politica/ultimas-noticias/2024/06/25/toffoli-chama-alexandre-de-moraes-de-censor-geral-da-republica.htm https://noticias.uol.com.br/politica/ultimas-noticias/2024/0...
- piva00 2y ago> The judiciary cannot act ex officio. It must be prompted by the public prosecutor or another party, such as defense attorneys. From what I gather they used Article 43 from the court proceedings, that's the debatable part but they can act under that, no? >> Reporting that his deposition was reported to the PGR and Lava Jato task force while both denied receiving any material about it. It sounds like a pretty clear case of defamation/libel. > Funny. Evidence collected from Lava Jato is illegal. But Telegram messages collected by a hacker and whose authenticity was not confirmed, were normally used to free corrupt individuals from jail. Nothing of what I said was evidence collected from Lava Jato, you are creating a strawman here. What I said was: the reporting from "O Antagonista"/"Crusoé" mentioned that there was material being handed over by Odebrecht's lawyers to the Lava Jato task force and to the PGR about Toffoli, while both (the task force and PGR) denied there was ever anything handed over to them by Odebrecht naming "friend of a friend" as Toffoli. And that's libel. > Filipe G Martins. Yeah, reading about his imprisonment seems like the Moraes is using a similar heavy-handed illegal approach used by Moro/Delagnol during Lava Jato. He shouldn't have been arrested given the cause (the travel) didn't happen, even though he was part of the coup planning I can't ever condone this overstepping of the court, pretty stupid from Moraes part.
- diegoholiveira 2y ago> From what I gather they used Article 43 from the court proceedings, that's the debatable part but they can act under that, no? Kind of. The article 43 from the court proceedings, is clear when it says that it limits the power of investigation to the court's premises. The internet does not seem to me to be a court's premises. > And that's libel. I'm not sure. And it's hard to analise it since the evidence has either been destroyed or is under seal. > pretty stupid from Moraes part one more thing about Moraes that looks like power abuse: https://www.estadao.com.br/politica/blog-do-fausto-macedo/defesa-empresario-pericia-imagens-aeroporto-roma-filho-moraes-tapa-nuca/ https://www.estadao.com.br/politica/blog-do-fausto-macedo/de...
- itsdrewmiller 2y agoFor the Martins case it seems like there was some actual paperwork issues from the US where he was incorrectly listed as having traveled; hard (for me) to tell whether that was stupidity or malice though.