“The Brazilian Supreme Court is today, without a shadow of a doubt, an entity of parastatal power”
Jurist Evandro Pontes was interviewed by columnist Ana Paula Henkel to talk about facts involving the Supreme Court and the actions of its ministers that led to a flood of impeachment requests.
Master and Doctor in Corporate Law from USP, Evandro Pontes defended that there is a coup d’état in progress. In fact, Pontes argues that the coup has already taken place.
Pontes began the interview by stating that “we are witnessing an irreversible constitutional breach.
The STF has already crossed lines that constitute true parastatal activity”.
After an explanation of how a coup is defined, he stated:
“Now – for me it is clear and more than obvious that this coup has already taken place. Insofar as the STF acts ‘a latere’ of the system, acts in such a way as to violate the constitution itself, the STF itself has already consolidated a veritable coup d’état in which all powers were criminally usurped by the Court: it judges, it investigates, it legislates, it orders ships to be refueled, it acts as an executive and prevents the extinction of councils, it prevents the executive from wiping the machine – in short, the coup d’état has already taken place before our eyes and no one has simply done anything to restore order ”.
In response to the interviewer’s surprise, who questioned whether these were isolated acts of some ministers, with isolated crimes of responsibility, Evandro Pontes replied:
“Look: when an STF order is issued by a Minister using court stationery and everyone else is silent, there is no doubt that this silence is part of the illegal decision given by the colleague. The silence of the Court when a parastatal system is set up and brought into full operation means exactly that the illegality irremediably contaminated the actions of other ministers.”
“The STF is today, without a shadow of a doubt, an entity with parastatal power. Its decisions are not even supported by its own precedents (an indication that its record has been completely abandoned), not even the Constitution. They are acts of pure totalitarianism gestated ‘a latere’.”
“In this way, the coup has already been delivered. Everything that comes out of it is a mere consequence of a coup, it will never be a response in an isolated act or a blow apart or counter-coup. We are already on the march of history to recover the system that was broken by the STF’s clear and unbridled initiative (and, I repeat, it is the Court, yes and not the ministers alone, responsible for this).”
interview given in Aug/2020