STF judges whether Mauro Mendes persecuted journalists

The minister of the Federal Supreme Court (STF) Cármen Lúcia released for trial, between the 3rd and 10th of May, the process that decides whether there was “judicial harassment” by the governor of Mato Grosso, Mauro Mendes (União), against journalists from Cuiabá.

As reported by Public Agencyprofessionals and press entities denounced the Bolsonarista for allegedly using the Computer Crime Repression Department (DRCI), of the state’s Civil Police, to “criminalize” those who would “critically” cover his administration.

DRCI launched an operation against journalists Alexandre Aprá and Enock Cavalcanti and seized electronic devices and cell phones, in addition to requesting Aprá’s preventive detention.

According to the decision of the minister rapporteur of the case at the STF, Cármen Lúcia, the operation by the Mauro Mendes government was characterized as a “restriction of press freedom” and the seizure of devices and telephones “may allow the exposure of sources and methods of journalistic investigation ” – “revealing judicial censorship incompatible with the Constitution”.

Through a virtual session, in which ministers only record their votes, members of the First Panel of the STF must ratify, or not, the rapporteur’s decision. Ministers Alexandre de Moraes, Cristiano Zanin, Flávio Dino and Luiz Fux are also part of the First Panel.

On April 12, 2024, the STF minister ruled in favor of the journalists in their complaint against the governor and the Police Inquiry Center of the District of Cuiabá, linked to the Court of Justice of the State of Mato Grosso (TJMT).

It was this sector of the TJMT that authorized Operation Fake News 3 against journalists Alexandre Aprá and Enock Cavalcanti and communicator and businessman Marco Polo Pinheiro on February 6 of this year. The three are being investigated for allegedly forming a “criminal association”.

The targets of the operation and class defense entities allege that the governor has practiced “judicial harassment” against critics of his administration. A survey by the journalists’ union in the state (Sindjor-MT) points to the existence of open investigations against at least 18 press professionals, including controversial cases involving the Public Ministry of Mato Grosso (MPMT).

Based on the complaint against the governor, the group of journalists formalized complaints to the Ministry of Justice and Public Security (MJSP). The Violence Observatory against Journalists and Social Communicators, coordinated by the MJSP’s national secretary of Justice, Jean Uema, has been following the issue since March – when the case reached the STF.

The journalists’ action at the Supreme Court has the formal support of the National Federation of Journalists (Fenaj), the Vladimir Herzog Institute and the Mato Grosso Journalists Union (Sindjor-MT).

“Digital militia”: Before the STF, Mauro Mendes’ defense renews attacks

According to an investigation by the Public, Mauro Mendes’ defense has insisted on attacks against the three targets of the Mato Grosso Civil Police. Lawyer Natali Nishiyama alleges that the complaint to be judged by the First Panel was created to deceive the Supreme Court.

The governor’s defense renewed criticism against journalists, calling them a “digital militia hired to plan attacks” against him, his family and allies.

Without pointing out who the possible contractors would be, Mauro Mendes’ lawyers base their argument on the relationship between one of the targets and a political opponent of the governor. Marco Polo Pinheiro is the brother of the mayor of Cuiabá, Emanuel Pinheiro (MDB), another who contests TJMT decisions. Emanuel Pinheiro was removed from office twice by the courts, in 2021 and 2024, due to suspected irregularities in the municipality’s Health Department and due to an investigation into alleged participation in a criminal organization.

Mendes’ defense claims that the investigation contested by the journalists was endorsed by the MPMT and, in 2022, by the Federal Police. The only local PF operation on the subject took place on October 1, 2022, but did not target Aprá, Cavalcanti or Pinheiro.

The governor’s lawyers are asking the STF for the Attorney General’s Office (PGR) to issue a new opinion on the case. The PGR initially agreed with the journalists, expressing its support for the complaint.

The journalists’ lawyer, André Matheus, states that it is worrying “the repeated use of the public sector, via the Civil Police of the State of Mato Grosso, to persecute journalists who the governor believes are his opponents, using the term ‘fake news’, trying to frame them. them from the same perspective as those who preach the abolition of the democratic system of law, as this is a distorted use of the concept to try to criminalize the work of journalists in the state”.

Lawyer Natali Nishiyama, representing Mauro Mendes, did not respond to the company’s questions. Public. If it appears, the report will be updated.