Good judgment, especially in these times of institutional instability, recommends not to comment on judicial decisions. But, as with the Brazilian team - where every Brazilian is a technician - today social networks and the blogosphere have dawned full of legal "dispatches" signed by the most distinguished citizens, with their pronouncements - and verdicts - regarding the Release of the former Minister of the Civil House of the Lula Government, José Dirceu de Lima de Silva. For known reasons, there is no public pronouncement from that judge of the Federal Court of Paraná, but there is information behind the scenes that says he was stuck with the STF's decision, even because pretrial prisons - which translate into compliance with sentence , Even before the second instance conviction - have become a standard procedure in the course of Operation Lava Jato. Judgments always raise a lot of controversy and, incredible as it may seem, the ministers who voted against Dirceu's release, at times read part of the dispatches of the judge of Parana.
There are analyzes for all tastes and trends in an irreparably divided country. Some columnists report, for example, that Operation Lava Jet would be being sabotaged by the STF. Others come out not in defense of the former minister, but around the legality of the measure adopted by the STF, which could, in fact, temporize more than a third of the inmates of our prison system, who, like José Dirceu, are in the same condition , That is, held in custody pending trial. In this case, the premise is that, unlike José Dirceu, these prisoners do not have the legal "support" and the symbolic capital of the former minister. Ista is an unfortunate realization. A finding that testifies against our judicial system. This is so serious that it led the judge of Paraná to conclude that the problem of pre-trial detention, although it exists, perhaps the most relevant fact is even that the Paraná justice prisons harbor "illustrious prisoners."
From the strictly legal point of view, I consider salutary the relaxation of the imprisonment of former minister José Dirceu. The abuse of the preventive prisons case has emerged precisely in this "muted" political environment, converging with the prosecution of the protests and the erosion of the Democratic State of Law, that is, the establishment of a State of Exception. Incidentally, this judicialization or criminalization of social movements and street protests led to a lawsuit in São Paulo known as the "black bloc process" where hundreds of demonstrators have already been indicted, including the Russian anarchist philosopher Mikhail Baburin, tapped into a telephone conversation . Incidentally, it is also time to relax the arrest of the Russian anarchist. This gives a good measure of the absurdities that are committed in a State of Exception, where their minions feel at ease to act according to personal convictions. A State agent, for example, still in this inquiry, concluded as an "evidence of the crime" of an individual a copy of Friedrich Engels's Origin of Property. Does this remind you of anything?
Regardless of the political issues at stake, the decision of the second court of the Federal Supreme Court is very welcome, as it puts a sort of stopping the legal mess that some magistrates seem to adopt, judging hastily, without the legal and technical To orient their decisions in the scope of a Democratic State of Right, under republican aegis. As we have already said, these sharp political moments are also characterized by a kind of judicial activism. As one commentator observed one day, today all Brazilians and Brazilians know by heart that they are part of that Court, perhaps even being able to inform even the class of each minister. After the impeachment of former President Dilma Rousseff, that's for sure, we lost our illusions about the Supreme Court. The measure adopted on the release of former minister Jose Dirceu would certainly not be sufficient to regain the confidence of the Brazilian about that Court, but allows a credit in its condition to curb some typical romps of boys.