It is a false arrest warrant in flagrante delicto against STF minister Alexandre de Moraes after the elections

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False: It is false that Alexandre de Moraes, a supporter of President Jair Bolsonaro (PL), has been arrested in flagrante delicto. To make the claim, he uses a crime news report made by two lawyers in September 2021.

Investigated Content
: Video in which a man claims that the red-handed arrest of Minister Alexandre de Moraes, of the Federal Supreme Court (STF), amid a demonstration of support for President Jair Bolsonaro (PL) on a highway, where blockages occurred, and the participants celebrate.

where it was published: Twitter.

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Completion of Proof: It is false that the minister of the Federal Supreme Court (STF) and president of the TSE, Alexandre de Moraes, was the subject of an arrest warrant in flagrante delicto, as stated by a participant in a demonstration of supporters of President Jair Bolsonaro after the 2nd round of elections. elections.

In the speech, the man cites a request by retired lawyer and prosecutor Wilson Koressawa, which was in fact presented as a crime news to the Attorney General’s Office of the Military Public Ministry (MPM) in September 2021. Koressawa and another lawyer, Getúlio Alves de Lima , asked for the arrest or removal of the Supreme Court justices at the time (except for Kássio Nunes Marques) for acting in opposition to the federal government’s indications in the conduct of the covid-19 pandemic.

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Falsefor Comprova, is content invented or edited to change its original meaning and deliberately disclosed to spread a falsehood.

Scope of publication: As of November 4th, the Twitter post had 3.5 million views and 361 comments.

What does the publisher say?: Comprova tried to contact the author of the publication through social networks, but did not receive a response until the publication of this report.

How do we check: To begin with, we Googled “prison of Minister Alexandre de Moraes”. As a result of the search, several news appeared denying the video analyzed here (Antagonist, metropolises, Gaucho ZH and Brazilian Mail and Power 360). Subsequently, we researched who Wilson Koressawa was, identified as the author of the arrest warrant. We also found the crime news filed by him. To find out where the video had been recorded, we searched Google Maps for places in Santa Catarina that registered manifestations of Bolsonaristas who were close to a Havan store. We compared the locations with the images in the video.

The arrest warrant submitted

On September 3, 2021, retired prosecutors Wilson Koressawa and Getúlio Alves de Lima filed with the Attorney General’s Office of the Military Public Ministry, in Brasília (DF), a criminal report requesting the “immediate arrest in flagrante delicto” or removal of ministers from the Federal Supreme Court.

Crime notice is a notification about a possible criminal fact presented to competent authorities in order to initiate investigations, such as explain the National Council of Justice (CNJ).

The request lists the names of the then President of the Supreme Court, Dias Toffoli, and Luiz Fux, Gilmar Mendes, Ricardo Lewandowski, Cármen Lúcia, Rosa Weber, Luís Roberto Barroso, Edson Fachin and Alexandre de Moraes. Minister Kassio Nunes Marques, President Jair Bolsonaro’s first nominee to the STF, was the only member of the Court whose name was not mentioned in the request.

According to the retired prosecutors, the ministers would be incurring the penalties of the crimes of genocide and torture for having carried out, with the support of TV Globo, the “spread of untrue, alarming news that caused undue panic to the population” about covid-19. . Lawyers allege abuse of power of those represented with a “political-ideological” purpose, for acting in counterpoint to attitudes of the federal government in the face of the pandemic.

The prosecutors also cite that the ministers were contributing “to prevent the supply of medicines sent by the Federal Executive Branch, for the cure of the coronavirus”. There is no scientific proof of effectiveness of drugs to prevent covid-19.

To Comprova, the Military Public Prosecutor’s Office informed that the filing of the news was in fact rejected “because the facts narrated do not constitute injury or threat of injury to the interests or rights protected by the Military Public Ministry”.

“The Military Justice of the Union is absolutely incompetent to hear requests related to the removal of the news from the positions they held, the suspension of state decrees, the reopening of businesses, the suspension of restrictive measures, the cancellation of the concession of Rede Globo de Televisão, etc. ., and, consequently, there is no attribution of the Military Public Ministry on such matters”, explained the institution, which stated that it had sent the file to the Attorney General’s Office by letter, for information.

Under what circumstances can a STF minister be arrested

A minister of the STF, as well as the President of the Republic, senators and other authorities, have a privileged forum, right granted specifically to positions of authority in connection with the adjudication of criminal cases. “Therefore, if a minister breaks the penal law, he is considered to have committed a common crime. In this case, the investigation must be initiated by the PGR [Procuradoria-Geral da República], which would file a complaint if it considers that there are indications of crime. This complaint would be judged by the other ministers”, explains Rubens Glezer, professor of Constitutional Law at FGV-SP (Fundação Getúlio Vargas, in São Paulo). The minister can also be held responsible for a crime of responsibility, that is, being impeached. “A possible crime of responsibility of a minister of the STF is judged in the Federal Senate. If impeached, the minister is removed from office”, concluded Glezer.

There are five possibilities of committing a crime of responsibility provided for in the Article 39 gives Law 1079/1950 (Impeachment Law) that can lead to the impediment of STF ministers. They are: altering a decision or vote already rendered in a session of the Court, except by way of appeal; render judgment, when, by law, he is suspected in the case; to carry out political-party activity; be patently careless (idle) in the performance of duties in office; and to behave in a manner incompatible with the honor, dignity and decorum of their duties.

Comprova sought out the Federal Supreme Court to find out what Minister Alexandre de Moraes’ position on the fact and what the STF would have to say about this type of demonstration. The answer was ‘no comment’.

Who is Wilson Koressawa?

Wilson Koressawa, who is cited in the speech as the author of the request for the arrest of Alexandre de Moraes, is a retired prosecutor at the Public Ministry of the Federal District and Territories (MPDFT). He was also a judge at the Court of Justice of Amapá between 1994 and 2001. He is currently a lawyer registered with the Brazilian Bar Association (OAB-DF) with number 46466.

In January of this year, he became known by asking for the arrest the anchor of Jornal Nacional, William Bonner, for encouraging vaccination against covid-19. The order was denied by the justice of the DF. In the same month, the OAB filed a lawsuit against the lawyer at the Court of Ethics and Discipline (TED). The OAB-DF informed Comprova that the process is confidential.

In the 2022 elections, Koressawa ran for federal deputy by Minas Gerais by the PTB, but was not elected. Comprova tried to contact Koressawa via Instagram, but did not get a response until the closing of this check. His contact was also requested for the OAB-DF, but the entity reported that he did not register any telephone number in the register.

Where the video was recorded

The video was recorded by a group of bolsonaristas who occupied the two lanes of the BR-101, at km 215 (Palhoça), near Parada Havan, in Santa Catarina. The stretch gives access to the mountainous region of the state and was closed between the evening of Sunday, October 30, and the morning of Wednesday, November 2. The images began to circulate on Twitter on Tuesday (1).

To identify the place where the images were taken, Comprova looked for the first profile to share the recording on Twitter, Todo Dia um Catarinense Passando Vergonha, but had no response.

In the images, some elements were used as location marks, such as the Statue of Liberty at Loja Havan, the mountains in the background, the identification tower of Brasil Atacadista, and the truck store Iveco Carboni.

Using Google Street View, we searched for Havan stores in Santa Catarina that are located in BRs that had blockades from Bolsonarista groups. Searching for the location elements that appear in the video, we arrived at km 215 of the BR-101in images captured in August of this year.

why do we investigate: Comprova investigates suspicious content that goes viral on social media about the pandemic, public policies of the federal government and presidential elections. At the present time, content that contains disinformation about STF ministers can generate distrust in people about the Judiciary and consequently threaten democracy.

Other checks on the topic: At least six media outlets made the same check: O Antagonista published that it is “fake” that Alexandre de Moraes’ arrest warrant has been filed; Metrópoles, through a column by journalist Guilherme Amado, announced that Bolsonaristas fell for “fake news” about Moraes’ arrest and celebrated; Gaucha ZH posted an article with the title: “Bolsonaristas celebrate fake arrest of Alexandre de Moraes during an act in Porto Alegre“; Correio Braziliense published the Bolsonaristas commemorate the “false action” on the prison; and Poder360 reported that “Bolsonaristas celebrate fake news about Moraes’ arrest”.

Investigated by: CNN Brasil, Correio Braziliense, Estado de S.Paulo and Poder 360; Verified by: Uol, NSC, A Gazeta, Folha de S.Paulo, Plural Curitiba and CBN Cuiabá

Source: CNN Brasil

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