Bolsonaro knows today 1st international sentence; preliminary version condemns – 01/09/2022

Bolsonaro knows today 1st international sentence; preliminary version condemns – 01/09/2022
Bolsonaro knows today 1st international sentence; preliminary version condemns – 01/09/2022

The Permanent People’s Court (TPP) will announce, this Thursday, its sentence in relation to the accusations against Jair Bolsonaro for crimes committed during the covid-19 pandemic. The report found that, in the preliminary version of the sentence, the decision pointed to a conviction, even citing possible crimes against humanity. But the text would still undergo an evaluation by the other judges of the body.

When dealing with the issue of the covid-19 pandemic, the decision could increase international pressure against Bolsonaro. The international body, created in the 1970s, does not have the weight of the International Criminal Court or the capacity to take action against a state or head of government. But an eventual conviction is considered by civil society groups, former ministers and jurists as an important seal to put pressure on the Planalto Palace and expose Bolsonaro to the world.

Eloísa Machado, lawyer, professor of Constitutional Law at FGV Direito-São Paulo and supporting member of the Arns Commission, points out that a conviction decision would be “of utmost importance”.

According to her, at the national level, what can be done about the pandemic was the CPI of covid-19. “It was a very blunt report, but it did not find an echo in the country’s formal investigative bodies,” she said.

“The TPP, therefore, is the arena that will clean up this situation and promote a scrutiny of those bad decisions that led to the thousands of deaths”, he explained. “This will be the instance of registering the truth and also a kind of reparation. Even if it is symbolic and moral. A reparation for all those who suffered”, affirmed the lawyer.

She regrets that there are no national bodies looking at such crimes and highlights the role of foreign bodies. “During the Bolsonaro government, international bodies were the main space for accountability and reparation of rights,” said the lawyer, referring to the decisions of the Inter-American Commission on Human Rights and other UN bodies.

Draft sentence indicates conviction

After a hearing and exchange of information over the past few months, the court has set the reading of its decision for this Thursday, September 1st.

Three different court sources in Europe have confirmed that a first draft of the decision has already been drawn up. But the process still involved a meeting on Wednesday for all judges to present their arguments and vote.

Faced with an unprecedented administration, judges had to make a decision about what to do with Bolsonaro. Within the Court, there is no doubt that he will be convicted. But the debate was about how to fit it.

according to UOL found, the draft that was submitted to the other judges pointed to “serious violations of human rights” and, on some occasions, acts that could amount to crimes against humanity.

There is, at least for now, no indication that Bolsonaro’s crimes should be considered genocide. Although the option was left out of the draft, the concept may still be debated again. Some of the members of the court maintain a favorable position to also consider this classification of crime.

Complaint

The complaint against Bolsonaro was presented by the Commission for the Defense of Human Rights Dom Paulo Evaristo Arns, the Public Services International, the Articulation of Indigenous Peoples of Brazil and the Black Coalition for Rights.

The groups accused Bolsonaro of having, “in the use of his attributions, intentionally propagated the covid-19 pandemic in Brazil, generating the avoidable death and illness of thousands of people, in the perspective of an authoritarian escalation that seeks to suppress rights and erode the democracy, especially of the indigenous, black population and health professionals, accentuating vulnerabilities and inequalities in access to public services and in the guarantee of human rights”.

The complaint focused on demonstrating that there was a practice of inciting genocide, mainly against indigenous peoples and the black movement.

What is the Court

Based in Rome, Italy, and defined as an international court of opinion, the TPP is dedicated to determining where, when and how fundamental rights of peoples and individuals have been violated. Within its attributions, it institutes processes that examine the causal links of violations and denounces the authors of the crimes before international public opinion.

Although it is a court of opinion, whose sentences are not necessarily enforced by official state justice systems, the TPP’s verdicts are relevant. They indicate the recognition of crimes and duties of reparation and justice that would otherwise not even be considered by official legal systems.

Another of its functions is to support criminal proceedings, serving as a subsidy for the elaboration of laws and international treaties, with the objective of preventing the repetition of crimes.

An example of its relevance refers to the session on Argentina, in the 1980s, when the first list of political disappeared under the military regime in the country was presented.

Created in November 1966 and conducted in two sessions in Sweden and Denmark, the pioneering tribunal was organized by the British philosopher BertandRussell, with the mediation of the French writer and philosopher Jean-Paul Sartre and the participation of intellectuals of the stature of the Italian politician LelioBasso, by the writer Simone de Beauvoir, by the American activist Ralph Shoenmane and the Argentine writer Julio Cortázar. At the time, the court investigated crimes committed in the US military intervention in Vietnam.

In the following years, similar courts were created under the same model, investigating topics such as human rights violations in the dictatorships of Argentina and Brazil (Roma, 1973), the military coup in Chile (Roma, 1974-1976), the issue of human rights in psychiatry (Berlin, 2001) and the wars in Iraq (Brussels, 2004), in Palestine (Barcelona, ​​2009-2012), in eastern Ukraine (Venice, 2014).


The article is in Portuguese

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