Today, Bolsonaro knows the first international sentence. The initial version condemns – 09/01/2022
4 min readThe Permanent People’s Court (TPP) will announce its verdict on the charges against her Jair Bolsonaro for crimes committed during the COVID-19 pandemic. The report found that in the initial version of the ruling, the decision referred to a conviction, even citing possible crimes against humanity. But the text is still subject to evaluation by the other judges on the panel.
When dealing with the issue of the COVID-19 pandemic, the decision could increase international pressure on Bolsonaro. The international body, established in the 1970s, does not have the weight of the ICC or the ability to take action against a state or head of government. But the final condemnation is seen by civil society groups, former ministers and rights advocates as an important seal to put pressure on the Planalto Palace and expose Bolsonaro to the world.
Eloísa Machado, attorney, professor of constitutional law at FGV Direito-São Paulo and a supporting member of the Arns Committee, notes that the conviction would be “extremely significant.”
According to her, at the national level, what can be done about the epidemic is Covid . CPI-19. “It was a very frank report, but it did not find an echo in the country’s official investigative bodies,” he said.
“The Trans-Pacific Partnership is the arena that will clean up this situation and encourage scrutiny of those bad decisions that have led to thousands of deaths,” he said. The lawyer emphasized that “this will be a case of recording the truth and also a kind of reparation. Even if it is symbolic and moral. Reparation for all who suffered.”
It regrets the absence of national bodies that look into such crimes and highlight the role of foreign bodies. “During the Bolsonaro government, international bodies were the main space for accountability and reparation of rights,” the lawyer said, referring to the decisions of the Inter-American Commission on Human Rights and other UN bodies.
Draft sentence refers to guilt
After a hearing and an exchange of information over the past few months, the court set a reading of its decision for Thursday, September 1.
Three different judicial sources in Europe confirmed that the first draft of the decision had already been prepared. But the process continued with a Wednesday meeting of all judges to present their arguments and vote.
Faced with an unprecedented administration, the judges had to decide what to do with Bolsonaro. Inside the court, there is no doubt that he will be found guilty. But the debate was about how they fit.
to me UOL It found that the draft submitted to the other judges referred to “serious violations of human rights” and, on some occasions, acts that could amount to crimes against humanity.
There is, at least for the time being, no indication that Bolsonaro’s crimes should be considered genocide. Although the option was left out of the draft, the concept could still be discussed again. Some members of the Court maintain a positive attitude to also consider this classification of crime.
complaint
The complaint against Bolsonaro was filed by the Commission for the Defense of Human Rights, Dom Paulo Evaristo Arens, the International Public Services Organization, the Indigenous Peoples’ Joint in Brazil, and the Black Coalition for Rights.
The groups accused Bolsonaro of “in using his attributes, he deliberately spread the covid-19 epidemic in Brazil, which resulted in the avoidable death and disease of thousands of people, in the perspective of an authoritarian escalation that seeks to suppress rights and undermine democracy, especially for indigenous people, black populations and health professionals, which increases of weaknesses and inequality in access to public services and in ensuring human rights.”
The complaint focused on establishing the existence of a practice of incitement to genocide, particularly against indigenous peoples and the black movement.
What is the court
Headquartered in Rome, Italy, and defined as an international court of opinion, the Trans-Pacific Partnership is dedicated to determining where, when, and how the fundamental rights of peoples and individuals are violated. Within his powers, he establishes processes that examine the causal links of violations and convict the perpetrators of crimes before international public opinion.
Although it is a court of opinion, the provisions of which are not necessarily enforced by the formal justice systems of the state, the provisions of the TPP are relevant. It refers to the recognition of crimes and the duties of reparation and justice that otherwise would not be considered by formal legal systems.
Another of its functions is to support criminal proceedings, where it acts as an aid to the drafting of international laws and treaties with the aim of preventing the recurrence of crimes.
One example of its importance refers to the session on Argentina, in the 1980s, when the first list of the politically disappeared under the country’s military regime was presented.
The Pioneering Court was established in November 1966 and held in two sessions in Sweden and Denmark, organized by the British philosopher Bertrand Russell, with the mediation of the French writer and philosopher Jean-Paul Sartre and the participation of intellectuals of the stature of the Italian politician. Lilio Basso by Simone de Beauvoir, American activist Ralph Scheunemann, and Argentine writer Julio Cortázar. At the time, the court investigated crimes committed in the US military intervention in Vietnam.
In the following years, similar tribunals were set up on the same model, to investigate topics such as human rights violations in the dictatorships of Argentina and Brazil (Rome, 1973), the military coup in Chile (Rome, 1974-1976), the human rights issue in psychiatry (Berlin, 2001) and the wars in Iraq (Brussels, 2004), in Palestine (Barcelona, 2009-2012), eastern Ukraine (Venice, 2014).
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