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Proposals to reduce STP contamination by policy – 30.07.2022 – Opinion

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Proposals to reduce STP contamination by policy - 30.07.2022 - Opinion

The transformations that have taken place in society and the problems associated with democratic coexistence are reflected in the ongoing resistance tests of a model of separation of powers based on increasingly ominous assumptions of independence and harmony between public spheres.

The biggest crisis appears to be the legitimacy of all institutions, public and private, exacerbated by the “leveling” of information and disinformation networks, leading the process of shaping public opinion along dangerous paths of simplification, emotion, and exclusion of the other.

The STP, as it could not be otherwise, is involved in this turmoil, partly voluntarily, and as a result has questioned its legitimacy to act as a moderator/adviser of the political game and of the society itself, when the independence of its members and the technical criteria for decisions are called into question. , excluding any decision which is exempt from the legal force of the decisions of the members of the court.

Growing pressure to introduce ideological criteria in the appointment of its members, a phenomenon also seen in the selection of candidates for the US Supreme Court, fuels these suspicions, and discussions about the best standards for selection are again emerging. ministers.

I have already advocated in an article published in Folha that making the selection process more transparentwith a longer exposure time to candidates is the recommended route, requiring no major changes to the current model, but ensuring greater public participation and legitimacy of the process.

Today, such a solution no longer seems sufficient, although still necessary, given the risks of co-optation between powers and excessive polarization.

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How to reduce the “contamination” of the court with day-to-day politics, or at least avoid repeated claims that ministers are tied to their respective “patrons”, is a big question with no clear answer.

Transforming the STF into a constitutional court and establishing mandates for its members along the lines of European constitutional courts, reducing the scope for monocratic decisions, or even defining its transfer from Brazil to another location, as in Germany, are relevant proposals, but they are difficult to implement. before our institutional model
historically common.

It is shown that the “free and immediate transition” of government members directly from political activity in the executive and legislative branches to jurisdictional functions is one of the factors of the greatest distrust of the independence of magistrates.

Quarantining those who leave the executive or legislature, so that only after the end of integrated administration they can act in the judiciary, can be a way of assessing, avoiding restrictions on the candidates themselves, equating restrictions to others. already available for similar sensitive functions.

I recall here the condition of the audit courts responsible, as assistants to the Legislative Assembly, for accounting, financial and budgetary audit of all public entities and for the very use of public money, the technical validity of whose decisions are questioned due to political criteria. prevails in the appointment of its members.

It is better to follow the already begun path of improving the Accounts Chamber; we should not
reproduce your problems in STF.


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Articles published by subscription do not reflect the opinion of the newspaper. Its publication aims to stimulate the discussion of Brazilian and world issues and reflect the various currents of contemporary thought.

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Politics

FBI search causes political storm and could speed up Trump’s re-election

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FBI search causes political storm and could speed up Trump's re-election

Hours after it was revealed that the FBI raided his residence in Mar-a-Lago, Florida, Donald Trump posted a campaign video on his Pravda social network, fueling rumors that he was preparing to announce his re-election to the presidency.

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Donald Trump says he is a “victim” of the FBI. Republicans talk about political attack

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Donald Trump says he is a "victim" of the FBI.  Republicans talk about political attack

Donald Trump says he is a “victim” of the FBI. Republicans talk about political attack

After the FBI ransacked the home of the former President of the United States, early Monday morning Donald Trump, several family members and members of the Republican Party point to illegal police actions and “political persecution.”

“After working and cooperating with the relevant government agencies, this unannounced raid on my home is inappropriate,” Donald Trump said in a statement, accusing Democratic rivals of using the U.S. Department of Justice as a weapon to stop him from doing so. run in the 2024 presidential election.

The children of the former president also spoke out in favor of Trump. Eric and Donald Junior say the FBI’s investigation is worthy of a “third world country” and a “banana republic.”

Former Trump Secretary of State Mike Pompeo believes in a conspiracy against a businessman and political leader: “Overt politicization of the DOJ/FBI is shameful. The Attorney General must explain why these searches delayed justice for 250 years.”

Rep. Ronnie Jackson even says the FBI has “officially become an enemy of the people.”

The FBI is led by Christopher Ray, who was appointed by Donald Trump in 2017. Officially, investigators have not yet commented on the searches, but US media sources indicate that Donald Trump could have taken confidential documents from the White House without permission.

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On political crime and criminal policy – 08.08.2022 – Opinion

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On political crime and criminal policy - 08.08.2022 - Opinion

The escalation of violence that has engulfed the political arena has taken another victim. The birthday party, which had former President Luiz Inácio Lula da Silva (PT) as its theme, ended tragically after a political antagonist intruded and fired a gun, killing the birthday boy. A police spokesman in the case said it was not a political crime.

And how is a murder with a clearly political motive not a political crime? Sometimes there are such things in the law: it has its own logic. This “magic” created by the codes is not always pleasant, but this time we must give a justification to the law.

Attributing a crime to a political one is not limited only to the motivation of the perpetrator, but also to the actual or potential consequences of the action. Thus, it takes a crime to endanger national sovereignty, democracy, territorial integrity, or the head of any of the Union powers. The gruesome murder may have been politically motivated, but the perpetrator’s intended consequences were limited to the party and its members.

There is no rule relating exclusively to political motivation; thus, this type of motivation corresponds to the concept of abomination, which, in the language of criminal law, is a particularly heinous and heinous crime. Since murder qualifies as hooliganism, the crime is punished more severely. Thus, there is no political crime, but there is a crime in politics.

Besides the issue of the infamous crime in politics, there is another dimension, much more complex, that deserves attention: the politics of crime.

The aggressor was reportedly traveling with his wife and child when he fell out with his political opponents. He left them both safely and returned for a rematch. From the killer’s point of view, he was definitely not a killer, but a patriot or some sort of hero against a villain.

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The Manichaean understanding of life, projected into politics, allows for family conflicts, broken friendships, and even marriages, which have been widely reported. Exposing yourself as the bearer of absolute truth allows you to confront the enemy as a hero who must defeat the villain. This kind of absolute contraction is characteristic of religions whose dogmas are guided by love, mercy and tolerance.

Politics, on the other hand, has other dogmas, as it is a stage for disputes over power and ideas. Presenting oneself as the holder of sacred truth outside the religious scene is usually the fuel for the generality of historical atrocities. The politics of crime is born only in the absence of minimum cultural and educational standards, replacing persuasion with knowledge.

There is no other way to suppress criminal politics than to reconsider one’s own convictions, to make room for listening to the opinions of others, no matter how much one wants to convince the other of one’s opinions. In politics, as in science, belief is the worst enemy of consensus, and without a minimum of consensus, there is no nation, only a handful of people shooting at each other.

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Articles published by subscription do not reflect the opinion of the newspaper. Its publication is intended to stimulate discussion of Brazilian and world issues and reflect the various currents of contemporary thought.

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