After clash with Zema, Gilmar defends continuity of the fake news investigation

Minister Gilmar Mendes, of the Federal Supreme Court (STF), once again defended the continuity of the fake news inquiry, called by the opposition the “end of the world inquiry”. In an interview with TV Globo, the dean of the Supreme Court stated that it was important to maintain investigations “at least until the elections”, amid what he considered to be attacks against the Court. Opposition parliamentarians in the Chamber of Deputies began to articulate a new request for impeachment of the magistrate after he requested the inclusion of former governor of Minas Gerais Romeu Zema (Novo) as the target of the procedure, which has been going on for seven years.

Asked by Renata Lo Prete about the criticism that the investigation has already fulfilled its function and has become a “powerful weapon” in the hands of the rapporteur, Minister Alexandre de Moraes, Gilmar Mendes cited the importance of maintaining the investigation at a time when the Court is “vilified”.

— I have the impression that the investigation remains necessary. And it will end when it ends, this needs to be said loud and clear. The court has been vilified, see for example the courage, I would say the cowardice, of the Organized Crime CPI rapporteur in attacking the Court, asking for people to be indicted, without taking care of those who actually committed crimes. Can this be left like this? I don’t think so, there needs to be an answer — he highlighted, in the interview, this Wednesday.

Last week, Gilmar delivered to the Attorney General’s Office (PGR) a request for an investigation against senator Alessandro Vieira (MDB-SE), rapporteur of the CPI on Organized Crime, for abuse of authority. The reaction comes after the presentation of a draft final report by the CPI, which even proposed the indictment of Gilmar, as well as ministers Alexandre de Moraes and Dias Toffoli, and also the head of the PGR himself, in the context of investigations into the Banco Master case. The text, however, was rejected by the committee and did not move forward.

In February, the dean had already come out in defense of the investigation reported by Moraes, which began in 2019 to investigate attacks on ministers and was later expanded to encompass other investigations. During a demonstration about the 135 years of the Supreme Court, Gilmar highlighted the “historical importance” of the inquiry. This, after the Federal Council of the Brazilian Bar Association (OAB) sent a letter to the president of the STF, minister Edson Fachin, asking for measures to conclude the fake news investigation. In the document, the entity expressed “extreme institutional concern with the permanence and legal conformation of long-term investigations”.

Zema case

Days ago, Gilmar sent a criminal report to Corte’s colleague, Alexandre de Moraes, requesting that Romeu Zema (Novo-MG) be investigated as part of the fake news investigation. The reason was a video published by the pre-candidate for the Presidency of the Republic last month, when he criticized the magistrate for having annulled the decision of the Organized Crime CPI on the breach of confidentiality of a company linked to the family of Minister Dias Toffoli.

Zema reacted to Gilmar’s decision, republished the material and defined the measure as “absurd”. Opposition parliamentarians also criticized Gilmar Mendes’ request.

“What is at stake here is not an isolated case. It is a serious precedent. A former head of the state Executive Branch becomes the target of investigation for expressing political opinion. Institutional criticism, an essential element of democracy, is now treated as an infraction”, says a note signed by federal deputy Gilberto Silva (PL-PB), leader of the opposition in the House.

The group states that the “message” transmitted by Gilmar “is dangerous: criticizing can be costly”.

“The Opposition Leadership reaffirms that freedom of expression cannot be relativized. And much less criminalized”, says the note.

On Monday, Minister Gilmar Mendes sent a criminal report to Corte’s colleague, Alexandre de Moraes, requesting that Zema be investigated due to the publication of a video in which he satirizes his decisions, which the Minas Gerais native defined as “absurd”. This time, on the day that the holiday of Tiradentes, leader of the Inconfidência Mineira, is celebrated, the former governor demanded “freedom” and stated that “the struggle of the inconfidências is not over”.

Information about Gilmar’s action was provided by Folha and confirmed by GLOBO with the minister’s office. In the video that motivated the crime news, released in March, the ministers are represented by puppets, and minister Dias Toffoli asks Gilmar’s puppet to suspend the breach of his confidentiality, determined by the Organized Crime CPI. In exchange for the annulment, Gilmar’s character asks for “a courtesy” at the Tayayá resort, which once had Toffoli’s brothers as owners and is involved in investigations linked to the Banco Master scandal.

In the request sent to Moraes, Gilmar states that the content shared by the former governor of Minas Gerais “vilifies not only the honor and image of this Federal Supreme Court, but also of my own person”.