Labor Court fires civil servant who wore Ustra’s shirt, just like Eduardo Bolsonaro’s

The Regional Labor Court of Minas Gerais (TRT-MG) fired for just cause a civil servant who wore a t-shirt at work with the image of Colonel Carlos Alberto Brilhante Ustra, a confessed torturer of the Dictatorship, with the term “Ustra Vive”.

The t-shirt is the same as the one that Eduardo Bolsonaro (PL-SP) paraded through the corridors of the Chamber of Deputies in 2018. At the time, Jair Bolsonaro’s (PL) son posed for a photo and published the image with a text about the “tribute” of the father to the torturer during the vote on the impeachment of Dilma Rousseff (PT), in 2016.

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“When Jair Messias Bolsonaro voted for Dilma’s impeachment citing Colonel Carlos Alberto Brilhante Ustra had many “experts” saying that there he would have buried his possibility of reaching the presidency. Today people are increasingly enlightened about the lies that the left insists in telling us and with the courage to take the side, as long as this is the side of truth, the right side. Today Ustra lives in the corridors of the Chamber of Deputies”, he wrote.

In her opinion on the Electoral Court employee, who wore the t-shirt in December 2022 in a hospital located in the capital of Minas Gerais, the rapporteur, judge Adriana Goulart de Sena Orsini, states that he practiced support for torture and the figure of a torturer, the which constituted an offense serious enough to make the continuation of the employment relationship unfeasible.

“This crime is committed when someone publicly condones a criminal act or a perpetrator of a crime. Public peace is a good of collective interest that encompasses public order, public security and public tranquility, being considered a fundamental value for the peaceful and harmonious coexistence of society. Brazilian law defines apology as the act of defending, promoting or inciting the commission of a crime. In this way, anyone who supports crime is encouraging the practice of illegal conduct, which can be considered a violation of public order”, he says.

The judge also states that the decision is not related to “Freedom of expression”, claims by the server.

“Remember that the Federal Constitution provides for freedom of expression, but as long as it does not violate the fundamental rights provided for in the Magna Carta. Now, freedom of expression cannot be invoked to protect speeches and attitudes that undermine human dignity and the Democratic Rule of Law, which is the means of guaranteeing freedom of expression itself, which would be nonsense”, he reported.

The judge also recalled the case of torture of Amélia Telles, committed by Ustra, and warned of the importance of remembering the crimes committed by the Dictatorship.

“Considering all this, especially the right to memory and truth, anchored in the learning that comes from the history of Brazil, which cannot be disregarded and unknown, respecting the primal understanding, I maintain the just cause applied for the fact that the worker is using a Ustra shirt and making an apology for a torturer and torture, which undeniably represents an affront to the basic principle-foundation of the CR/88, which is the dignity of the human person, in addition to representing a serious affront to the Democratic State of Law itself, configuring undeniable harm to the entire community”, he concluded.

In the decision, the validity of the just cause applied to the worker was recognized, for an act of condoning torture and the figure of torturer, configured as insubordination that violates the democratic order, under the terms of articles 482, ‘h’, and 8 of the CLT . The name of the server was not disclosed.

In his defense, the man said that it was “an old shirt” and that he used it without thinking, “without any intention of promoting propaganda or politics”.

She further alleged that it was common for employees to go to work wearing football shirts, “shirts belonging to people from history, like Che Guevara”, or “even wearing political shirts”, without any warning from the employer.