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Brazil and its citizens have been experiencing a blow to the Constitution
decreed by the highest body of the Brazilian Judiciary, the Federal Supreme
Court, precisely on March 14, 2019, just over two months after the
inauguration of the President of the Republic elected by popular vote, Jair
Bolsonaro.
Since then, the judge of the Federal Supreme Court, whose position stems
from a political appointment, started to act on behalf of his peers, that is,
of the judicial body from which he received the delegated power, in a partial
way, breaking all the premises valid in Brazilian Law for the performance of
a judge. He started to persecute journalists, guaranteed in their freedom of
expression and press by Art. 5, item IX, and Art. 220, and even congressmen
with a mandate and guaranteed in all their words by the parliamentary
immunity of Art. 53, both norms of the Brazilian Constitution, punishing
them even with the revocation of their social network profiles and
imprisonment, as well as the press bodies themselves, punishing them with
censorship, under the generic justification and not provided for by law by
law. supposedly published what the members of this top judicial body
considered as “fake news”, all without respecting or following the Due
Process of Law, which is the basis, in Brazil and in the world, of the
Democratic State of Law.
Such persecutions and actions outside the law have consolidated the
country into a true court and regime of exception, through acts and
initiatives not by the Head of State, the Executive or Legislative Power, but,
unprecedentedly, by the highest body of the Brazilian Judiciary, the
Supreme Federal Court (STF), in the person of its members and, in
particular, of Judge Alexandre de Moraes, often acting alone or authorized
by the majority of his peers.
Such serious historical evidence, never seen before in the History of Brazil,
not even during the Cold War period, when the 1964 Revolution took place
in the country, with successive military governments until 1985, began to
involve the political strategy of releasing from prison and annulling the
convictions for corruption and money laundering of former President Lula,
convicted by collegiate judicial bodies up to the third instance of judgment,
who followed all the dictates of the Due Legal Process, in yet another
initiative of the Federal Supreme Court that violated all the parameters
considered valid under Brazilian law.
With former President Lula eligible again, in the wake of this state of judicial
exception imposed in Brazil since 2019, the body that controls, carries out
and supervises the General Elections in the country called the Superior
Electoral Court (TSE), commanded and composed by the same members of
the top judicial body that installed the state of exception in the country, the
Federal Supreme Court, widely interfered in the 2022 electoral campaign in
order to partially and unduly favor the candidate and former president Lula,
banning the current president and his opponent Jair Bolsonaro, to publish
real and true facts in his campaign, such as the recorded images of the
biggest street movement in history that took place on September 7, 2022,
in support of his government and commemoration of 200 years of
Independence of Brazil, to publish in his campaign his own opening speech
at the UN General Assembly, as well as to refer to these facts described
above, forbidding him, even, to say, that and the candidate who was made
eligible by an illicit maneuver by the Federal Supreme Court was convicted,
in the past, of corruption and money laundering.
In addition, press vehicles were censored during the 2022 Brazilian election
campaign, such as the Jovem Pan radio and TV network, with 80 years of
history, and the secular newspaper Gazeta do Povo, even being forced by
the electoral body controlled by the Federal Supreme Court, the TSE, to
affirm live that the candidate and former president Lula “was exonerated”,
to favor his campaign and deceive Brazilian voters.
After all this undue interference in the popular will and successive violations
of human rights and fundamental guarantees of the Brazilian Constitution,
this same body responsible for controlling, organizing and supervising
elections in Brazil, the Superior Electoral Court (TSE), used electronic voting
machines of 7 different models, one of them from 2020, more modern and
audited, and another 6 old models, which did not undergo the same audit,
all distributed in the two voting rounds, invariably, across all polling stations
in the country .
Published the electoral results of the second round, on October 30, 2022,
which disclosed the candidate favored by the Federal Supreme Court and
the TSE, as described above, Lula, as elected by 50.9% of valid votes, against
49, 1% of the valid votes of the candidate and current president of the
Republic Jair Bolsonaro, making an in-depth audit of the public data
available by the TSE itself, on its official website, which provides details such
as voting city, type and model of electronic voting machine used, number
of voters, total votes for each candidate and other documented records, it
was found that in the electronic voting machines of old models, which did
not undergo the same prior audit, the candidate benefited by the election
controlling bodies themselves received a vote always much higher than the
standard of the 2020 audited electronic voting machines, even in small
cities, evaluating all auditability parameters, all as demonstrated in the
report Audit technical report with all official data published by Argentine
journalist Fernando Cerimedo, on November 3, 2022, concluding with
“serious anomalies capable of changing the outcome of the election,
transferring the victory that would belong to Jair Bolsonaro to Lula, given
the small margin difference in votes”, which substantiates a serious
suspicion of electoral fraud.