Brazilian Opposition Submits Alexandre de Moraes Impeachment Request

The Brazilian opposition submitted an impeachment request against Supreme Court Justice Alexandre de Moraes to the Senate on Monday (9), citing over five years of grievances, including the "fake news" investigation and the blocking of X. The document also accuses Moraes of using the Superior Electoral Court (TSE) for political persecution.

The petition, drafted by Senator Eduardo Girão (Novo-CE) and delivered to Senate President Rodrigo Pacheco (PSD-MG), outlines 14 points justifying the unprecedented impeachment of a Supreme Court justice. Each argument highlights violations of fundamental rights guaranteed by the Constitution and other laws.

A total of 156 deputies have backed the document, which is also signed by legal scholar Sebastião Coelho. For strategic reasons, no senators have signed the request to avoid appearing biased, as they would serve as judges in Moraes' trial. Estimates suggest that, so far, between 24 and 32 senators support opening the impeachment process, with 41 votes required.

Senate President Pacheco stated that the Senate’s legal counsel will review the request. "Whatever decision is made, it will be thoroughly justified," he added.

Key Points Supporting the Request

Organized by themes, the extensive document addresses issues such as violations of constitutional and human rights, disregard for due process and the accusatory system, and instances of abuse of power.

A specific point addressed is Moraes's alleged inaction in the case of Clériston Pereira da Cunha, also known as Clezão, who died in Papuda prison in Brasília on November 20, 2023. This occurred despite repeated warnings from the defendant’s defense and the Public Prosecutor’s Office regarding his critical health condition.

Similar cases cited include violations of the Penal Procedure Code, with the use of pre-trial detention as a means of coercion to secure plea bargains, and the dismissal of opinions from the Attorney General of the Republic advocating for the release of prisoners from the January 8 riots.

Other issues include the denial of house arrest or provisional release for individuals with severe health problems, prolonged pre-trial detention without formal charges from the Federal Prosecutor’s Office, and repeated violations of lawyer-client privileges, particularly in cases involving those convicted for the January 8 riots. These actions are viewed as breaches of existing legislation.

Moraes, acting as accuser, judge, and enforcer of sentences, also imposed the suspension of political rights on sitting legislators, as seen in the cases of Congressman Daniel Silveira and Senator Marcos do Val. The impeachment request also highlights the monitoring and control of conservative social media accounts.

Reports from Folha de S. Paulo on the misuse of TSE resources to assist Supreme Court investigations, producing parallel reports, bolster the evidences revealed by the Brazilian Twitter Files and a U.S. congressional report. These findings highlighted several decisions made by Moraes and TSE justices following the 2022 elections.

In its final section, the document addresses the Twitter Files Brazil case and its consequences, focusing on the conflict between Moraes and Elon Musk, the owner of X and Starlink.

The accusations include the shutdown of X, affecting 22 million users in Brazil, the freezing of Starlink’s bank accounts to cover fines imposed on the platform, and alleged illegalities in serving subpoenas through posts on the platform. Additionally, the imposition of a disproportionate R$50,000 fine on those using VPNs to access X has also been condemned.

Impeachment Progress Depends on Politics

Despite the extensive justifications and examples, lawmakers understand that the progress of Moraes' impeachment will depend more on the political context than the technical and legal strength of the allegations.

Pacheco emphasized that his priority is “institutionality and maintaining stability.” He explained that decisions, such as initiating impeachment proceedings against a Supreme Court justice, must be made on "technical and legal grounds, with political considerations also playing a role."

"An impeachment of a Supreme Court justice has never been carried out in Brazil throughout the history of the Senate, Chamber, and the Supreme Court. Naturally, it requires a technical evaluation, but there is also a political element," he said.