The January 8 CPMI will play the role of a truth commission

Carlos Aruk *

The events that took place in Brazil at the beginning of the year make clear the new environment in which the Brazilian political field is unfolding, which is marked by the strong role of the Federal Supreme Court. While the Brazilian media recently reported on Operation Lava-Jato, which aimed to arrest suspected corruption, it is now reporting on Operation Lesa-Patria, which is targeting people believed to be involved in the January 8 episodes.

If there has never been such an attack against the three powers in the history of the country, then there have been no mass arrests of this size. The Union Public Defender’s Office, after conducting multiple detention hearings, has concluded that there is no basis for preventive detention for most detainees, even if they respond to the process. More than a thousand Brazilians have filled the Federal District penitentiary system, possibly the largest simultaneous arrest in all of Brazil.

This is due to the fact that most of the prisoners participated in the camp in front of the army headquarters in Brazil, even without necessarily participating in the vandalism against the Planalto Palace, the National Congress and the Federal Supreme Court. In order to identify the perpetrators of the January 8 attacks, it is important to separate the innocent from the guilty through rigorous investigation.

In this regard, the establishment of the CPI can contribute to the improvement of the work carried out by the Federal Police under the supervision of the Public Prosecutor’s Office in accordance with the decisions of the judiciary. Because there is a polarized political and ideological context surrounding the current situation, which makes it difficult to investigate the facts, the CGI will aim to identify the perpetrators of the crimes committed in January, in addition to any federal or state omissions. and city-state managers in security surveillance.

The Parliamentary Commission of Inquiry is one of the tools provided by the Constitution for senators and federal deputies to carry out one of their functions, which is to monitor public administration. When there is a crime, the line of process must follow the ritual of investigation. First, there must be minimal elements of authority and substance in the commission of a criminal offense. In the case of the vandalism that occurred on January 8, 2023, a crime was committed, but an investigation will be necessary to identify the vandals. Based on these elements, it will be possible to open a procedure at the Public Ministry (MPF), the Federal Police (PF) or directly at the General Prosecutor’s Office (PGR). There is a judge’s signature only after the provocation of the PGA, that is, the judge does not delegate, because the judge is not a delegate. However, on that day, the judge ordered the collective arrest of the people camped in front of the barracks.

“Crimes” punishable by 15 years or more. All at once, with the same articles, without investigation, without evidence and without personalization of behavior, i.e. “who did what”.
Mostly humble people, whole families who committed a crime and camped in front of the army headquarters. It should be noted that most of the defendants are first-time offenders and have minor children.

Regardless of the facts that will be investigated in the CPI, the images of several buses carrying more than 1,200 people to the warehouse will have a historical impact. The conservative right needs its truth commission to get the facts straight, just like the left had its truth commission. A true democracy cannot sustain itself without public scrutiny. When the population is deprived of the right to check and question actions, a dictatorship is established.

What can be expected from this CPMI in its conclusion? the most important thing will be the accusation of the real culprits. In addition, other factors will appear, for example, the current irrelevance of the MP. the need to reform the judicial system. the criminal practice of torture by police and judicial authorities; pay compensation to prisoners who have not had due process of law; and, finally, the criminal record of inaction by the authorities at various levels.

*Federal Police Officer Carlos Aruk has a law and business management degree