CENSORSHIP AND SILENCE

The Superior Electoral Court, in line with what has already become a rule in the Federal Supreme Court, suspended the Constitution of the Republic, imposing undeniable censorship on the media, more specifically on the Jovem Pan Group, whose foundation dates back to 1944. lo, the TSE imprisons the information and the manifestation of thought, showing itself to be indifferent to the text of art. 220 of the Magna Carta, which explicitly makes censorship or impediment to full freedom of journalistic information intolerable.

In the search for a so-called transcendent justice and supported by what is used to be called “legal consequentialism”, the ministers of the highest courts of justice in Brazil lightly redesign the Federal Constitution, imposing on Brazilian society a set of rules alien to the decisions of parliament, inaugurating a dangerous and abominable state of exception.

On the other hand, I am embarrassed by the silence of institutions, especially that of the Brazilian Bar Association, whose main purpose is to defend the Constitution, the legal order of the democratic State of law, human rights, social justice, and to fight for the good application of the laws, for the speedy administration of justice and for the improvement of the culture and of the juridical institutions.

But the OAB is silence! And this reminds me of the notes of Saint Thomas Aquinas, when he maintained that he who does not defend the truth, also denies it; he who is not opposed to error, approves of it.

There is no democracy without a free press. And nothing is more perverse than a Judiciary that is hostile to the law and indifferent to the Constitution of the Republic. It is imperative that society in general and the haughty institutions that compose it stand up, regardless of partisan color, against the stubborn illegalities that echo from our highest courts, turning the Judiciary into a stage of arbitrariness that scandalizes the nation day after day.

Totalitarian regimes do not come suddenly. They infiltrate the social bosom, undermining beliefs, demoralizing laws, crushing values, silencing institutions, until they bloom boldly and without disguises.

The Brazilian Bar Association has a legal duty to manifest itself and, more than that, to undertake a vigorous campaign against censorship, opposing this suspension of constitutional rights and guarantees, which characterizes – clearly – an unacceptable state of exception. , wrapped in liberticid judicial decisions and incompatible with the hard-won citizenship so far.

Flavio Henrique Santos

Attorney.

flavio.henrique@fhsadvocacia.com.br

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