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From Moro to Fachin: the problem of the moral and intellectual formation of our judges

Over the weekend I was all excited to write a version of “Hamlet” based on the recent and never-ending antics of Minister Alexandre de Moraes. In this version, my bald brother would play the title role. Bolsonaro would be King Claudio. Ophelia, the press. The ghost would be the Rule of Law and Gertrude, democracy.

One thing leads to another and, when I realized it, I was holding a skull in my hand, looking at the audience with my best reflective expression and asking : how is it possible that the Federal Supreme Court has magistrates with such a deficient moral and intellectual formation? Yes, because I doubt that Alexandre de Moraes has read and absorbed the Shakespearean masterpiece. If I had read and understood, I wouldn’t be promoting all this legal carnage to, instigated by the specter of the rule of law, save the honor of democracy, now espoused by an evil Bolsonaro.

How I was from Alexandre de Moraes to Sergio Moro, I don’t know. Oh, I remembered! It’s just that I received a message from a friend talking about his disappointment with the former judge. The good friend said, and I tend to agree with him, that we are looking for absolute heroes or villains and that is why it is very difficult to accept the fact that the bad politician, the lost minister and the excellent judge can coexist in one person. It’s such a thing: Shakespeare “created” the human, in all the splendor of ambiguity, while Marvel came along and reduced the human to the status of hero or villain. What a pity!

Anyway, we look at Moro, listen to Moro, analyze Moro’s speeches and decisions and find that the former judge who put Lula in a prison (luxury, but prison) references other than the footnotes of the legal codes are lacking. Not so much his fault, although a little effort never hurt anyone. Moro is the product of an educational system that is leveled at the bottom and that allows illiterates of the imaginary to occupy very important positions, such as that of judge.

How far I see, the authorities that control the country lack a greater understanding of how all those concepts expressed in law books full of mesoclises and Latinories relate to real life. It remains to read the aforementioned “Hamlet” to understand how the Alexandres de Moraes of life become slaves of an obsession. It remains to scrutinize “Bartleby” to understand the importance of, here and there, refusing to act – simply because something inside us knows that this is right . It remains to delve into the “Tobacconist” to understand the dreams and desires of ordinary people.

Take, for example, this soul with a mustache and ultra-bureaucratic mentality who goes by the name of Edson Fachin. Ops sorry. Doctor Fachin. The man who, after three years, simply changed his mind to put Lula on the street again. Had he read poems, plays, short stories, novels (not to mention my chronicles), perhaps Fachin would have been willing to ask himself “why am I doing this?”. And to answer objectively, without mesoclises, Latin texts and codes, to this question that few have the humility to confront.

If they had the ambition of excellence, perhaps Alexandre de Moraes, Sergio Moro, Fachin and thousands of other judges stopped seeing parties and cases as theoretical abstractions and saw them as human beings and complex slices of life. And if they realized they were too small to try to resolve all human conflicts by force, in the stupid coldness of the law and political voluntarism.

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