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Minister Luiz Fux's shameful speech: at least it's all in the open

Luiz Fux: STF perdeu qualquer resquício de pudor e hoje se orgulha de ser um “tribunal de vanguarda”.
Luiz Fux: STF has lost any semblance of modesty and today prides itself on being a “vanguard court”.| Photo: Marcelo Camargo/Agência Brasil

Shameful. Unfortunate. Deplorable. Narcotic (I always wanted to use that word). These were the adjectives that immediately came to mind as soon as I finished following the pronouncement of Minister Luiz Fux, president of the STF, at the closing session of the Judiciary’s work this year. Can I finish the work of Polzonoffiário this year too, little boss?

How , however, as we are approaching a festive season, I think it’s worth pointing out right away the only good thing about the minister’s speech, that is, the fact that he says everything openly, for anyone who wants to listen. Fux and the STF are no longer ashamed of activism, much less of the explicitly progressive character of the court. No wonder, at the very end Fux filled his mouth to say that the STF is now a “vanguard court”. For a good understanding, me.

Apart from the fact that the STF no longer to use more the symbolic mask of the guardian institution of our Magna Carta, there is absolutely nothing that can be saved in Luiz Fux’s speech. Ministers act as political entities. Nor is it like a moderating power, although at the very end of the speech Fux dared to say that the Judiciary is, indeed, the guarantor of democratic stability. They even act sometimes as an opposition party, sometimes as a Parallel Executive Power, capable of determining actions in all spheres of public administration. “We are the only court in the world with an observatory of the environment”, boasts the semi-president, ops, minister Fux after citing several progressive actions that bear the proud stamp of the STF.

They can only be crazy

The speech has already started with Minister Luiz Fux calling the STF to be responsible for the “wonderful” management of the pandemic: another attribution that, in terms normal, would be the Executive Power. As in a solitary volleyball game, Fux raises the ball to cut himself and say that the STF is for science (oh!) and against what? Yes, the denial himself!

But that’s okay. In Brazil it is like this: the ministers pretend that they are a constitutional court inspired by the US Supreme Court – and we pretend to believe in this delusion. Even because if we don’t believe we can incur the very serious crime of “rhetorical threat”, mentioned by Fux to boast about the Supreme Court’s action in defense of democracy. It makes me laugh.

Speaking of delirium, right after exalting the performance of the STF in the fighting the pandemic, Luiz Fux melancholy reveals how much power isolates and creates for itself a very particular reality. Because, if you believe in the sincerity of his words, the STF actually sees itself as an institution of popular representation. 8221No, I’m not traveling in mayonnaise. It was Fux himself who said that the STF “completes the mission conferred by the Brazilian population”, to then thank “the love and admiration” that most Brazilians would nurture for the collegiate.

At this moment I made a triply underlined note here in my notebook that says “They can only be crazy!!”. Could this be considered a “rhetorical threat”? To be sure, it was unintentionally, eh, oh minister plenipotentiary!

No The ultimate nonsense, I can’t ignore the fact that all the blah blah blah surrounding the protection of the Constitution has been accompanied by a bold confession that it’s the Agenda 2030 of the UN which guides the actions of the STF. The Agenda 2021 of the UN, and not the Constitution of Brazil, which can even be a blast, but which good or bad still reflects what Brazilian society thinks. The fact that many Agenda items 2021 conflict with the Constitution is not a problem. After all, remember that in Brazil there is a pact of cynicism and whoever says that the STF is not a constitutional court will be committing “rhetorical threats” against the institution.

Faulty acts

Openmouthed at Fux’s speech, as soon as the word was passed to Minister Ricardo Levandowski (who, with all due respect, knows how to flatter like few of his colleagues) I allowed myself, first, imagine how the ideal speech of a STF minister would be. First of all, you should care for discretion. In other words, it shouldn’t even happen.

But since it does, I let myself lead by the dream of having a person in the presidency of the Federal Supreme Court capable of saying that, look, we’ve gone a little too far this year, arresting conservative dissidents for crimes that don’t even exist. In my delirium, I see him coming out from behind the bench, going to minister Alexandre de Moraes, pulling his ear and saying: “Oh, oh, oh, how ugly!”.

Then I had the agility of my imagination to leave the pre-school and enter a psychoanalysis office, so many were the Fux’s flawed acts in that speech. At a certain point, for example, he says that the STF will “act and react”. As for reacting, that’s fine; but act, minister? Oh, of course. Unfortunately, I insist on forgetting that most of those gentlemen and ladies grew up hearing that they should be agents of social change.

Ahead, and after mentioning numbers that are impressive for their absurdity (das 95 thousand lawsuits judged by the STF throughout the year, 12 one thousand were monocratic decisions), Fux began to mention a thousand and one political actions, evidently attributions from other spheres. Upon realizing that he got lost on paper and that all those actions revealed how much the STF liked to walk through the other powers, he comes out with an enlightening “Now returning to our power…”

And, at the very end, Fux puts a medal on his own progressive chest to say that his management consolidates the STF as a “vanguard court”. That is, an explicitly revolutionary court, composed of enlightened ministers and guided by the “global project” (Fux’s expression) of the Agenda 2021 of the UN, and who clearly sees President Jair Bolsonaro as an obstacle to his ambitions.

Faced with such clear ideological neuroses, I wonder what the diagnosis of this imaginary psychoanalyst would be. And, most importantly, what would be the line of treatment. I had a friend who used to complain about psychoanalysis, saying that, in order to fix a chipped vase, psychoanalysis proposed that the vase itself should be broken into a thousand little pieces and be reassembled little by little. And that, before that, the vase had to recognize the splinter that bothers it so much.

Judging by what Fux said, the STF does not recognize that it is chipped and, obviously, does not want to go through the painful process of reconstruction based on self-criticism. On the contrary, the STF, this narcissist, continues to see itself in the role of leading the country towards a utopia. And no one will stop them.

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