OPINIÃO. Carece de seriedade
Ficou engastado na memória forense o episódio em que o Ministro Aliomar Baleeiro, chamado a julgar a suspeição arguida contra o venerável Ministro Victor Nunes Leal, despachou em quatro palavras: “Rejeito, carece de seriedade.” O leitor de hoje talvez estranhe a economia. Baleeiro podia ser breve porque a Corte a que pertencia não precisava se […] The post OPINIÃO. Carece de seriedade appeared…
Aliomar Baleeiro, a Minister of the Supreme Court, famously dismissed a suspect with just four words: "Rejected, lacks credibility." This brief yet powerful statement encapsulated the essence of the rule of law: the belief that a man of integrity exists, unaffected by influence and power. During the tumultuous years following the 1964 coup, the Supreme Court granted habeas corpus to students, deposed governors, and opponents of the regime, all while maintaining their credibility.
The Court's power was tested when it censured Victor Nunes Leal, Hermes Lima, and Evandro Lins and Silva in 1969, leading to President's resignation in protest. However, it was the Supreme Court's ability to err last that endeared it to the people. Being a Minister of the Supreme Court was not a crown but a burden, requiring self-denial and silence.
The current Supreme Court is facing its most challenging test, as each new media episode erodes public trust in the Democratic Order of Justice. Evaristo de Moraes, a renowned criminal law judge, used a method of explaining his clients' cases to his chauffeur, a man with no formal education but common sense, to gauge public opinion.
When the chauffeur struggled to comprehend a fourteen-year prison sentence for a young hairdresser for writing a sentence on a statue, it revealed a disconnect between the law and public understanding. Rui Barbosa, a defender of the judiciary's supremacy, warned that the worst dictatorship is the one ruled by the toga, as it lacks avenues for recourse.
Therefore, it is unjust to deny the Supreme Court its achievements. The Court's recent actions in upholding elections, overturning retrogressions, and standing against attempts to dethrone it in 2023 demonstrated its resilience. However, the Court's preservation requires individuals capable of enduring the tedium and silence that come with upholding the law.
A Minister capable of dismissing a suspicion with four words and having the public trust its judgment would signify the Supreme Court's return to its supreme status.
Written by urgent.news from Brazil Journal's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
