Minister Dias Toffoli, of the Federal Supreme Court (STF), decided today (18) to deny proceeding with the crime news for abuse of authority presented by President Jair Bolsonaro against Minister Alexandre de Moraes, also of the STF.
In the decision, Toffoli wrote that “considering that the facts narrated in the initial evidently do not constitute a crime and that there is no just cause for the continuation of the deed”.
THE action was filed yesterday (17) by a private lawyer, and not by the Attorney General’s Office (AGU), which represents the interests of the government before the Judiciary.
The initial petition alleged that Minister Alexandre de Moraes had committed at least five crimes provided for in the Abuse of Authority Law (Law 13.869/2019), including the unjustified extension of the so-called Inquiry of fake newsof which the minister is the rapporteur and in which Bolsonaro appears as investigated.
Another argument presented was that Moraes would be denying the defense access to information from the investigation, and also that he had provided false information about the investigation.
The action also said that the minister had committed the crime of demanding information or compliance with an obligation “without legal support”, for having ordered the blocking of accounts of investigated on social networks.
The action was distributed by lot to Toffoli, who decided to reject it a few hours after it arrived at his office. He stated that the legislation requires, in order for any crime of abuse of authority to be constituted, that there is “a specific purpose of harming others or benefiting oneself or a third party, or even the indication of mere whim or personal satisfaction”, which is not configured in this case.
“Given this scenario, the facts described in the “criminal news” do not bring evidence, even if minimal, of criminal materiality, and there is no possibility of framing the alleged conducts in any of the typical figures mentioned”, wrote Toffoli.
The decision can still be appealed, asking for reconsideration.