Can STF ban Bolsonaro from giving an interview? Understand Limits for Live and Social Network

STF Minister Alexandre de Moraes has not yet responded to Jair Bolsonaro’s lawyers about the possible breach of precautionary measures imposed on the former president. On Tuesday night (22), the former president’s defense presented explanations and called for clarification on Bolsonaro’s ban on using social networks and giving interviews.

For experts consulted by Infomoneyone of the most controversial points is the ban on interviews. FGV Professor Law Oscar Vilhena understands that, while investigated and even if convicted, Bolsonaro could give interviews.

“Bolsonaro can say that he disagrees with Minister Alexandre Moraes, who is being persecuted, everything is right. It’s his opinion. Now, if in the interview he threatens the judiciary, then you put it in another measure,” says Vilhena.

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According to the teacher, precautionary measures have the function of preserving the integrity of the process, so that it can be completed without obstruction or intimidation.

Jurist Walter Maierovitch says the problem is the decision not to make it clear whether Bolsonaro can give an interview or do livefor example.

Third parties’ responsibility are broadcasting with Bolsonaro is another worrying point of the decision, according to Maierovitch. “The universe of these third parties is immense. It goes from journalist to an ordinary person of the people, who is the holder of democracy,” exemplifies. He considers the arbitrary measure because it affects third parties who are not in the inquiry.

For the lawyer and professor of constitutional law Virginia Machado, the great question is about what is the limit of the ban to interview. “The issue needs to be clear so that we will not have a situation of censorship, especially for the press or the criminal process being questioned later,” he says

Social networks and fake news

“I understand the decision of the first class to veto Bolsonaro’s social networks, because there is a use of this apparatus to make cutouts, to spread fake news And even to put the population against the judiciary, ”says Víirginia Machado.

Professor Vilhena argues that former president’s interviews can be repercussions on social networks. “People who reverbe’s cannot suffer the right restriction that was imposed on him. He can’t use the social network, but his neighbor can.”

Possibility of Bolsonaro’s arrest

“The process is already in the phase of final allegations and there are many crimes, including coup, violation, state abolition,” says Walter Maierovitch.

Bolsonaro’s defense argued that the politician had no intention, was not aware and presented embargoes, given the non -clarity as to the limits in the decision. “I think Moraes is already technically and legally unable to decree a preventive precautionary arrest,” says Maierovitch.

In the lawyer’s assessment, it would be a mistake to arrest former president Bolsonaro at this time.