And it shames Brazilian democracy, the Superior Electoral Court and our justice systemThe decision of the UN Human Rights Committee, which concluded that former judge Sérgio Moro was partial in the trial of former President Lula in the context of Operation Car Wash, does not end with the simple analysis of the characters involved.This fact calls into question Brazilian democracy, the Superior Electoral Court, our justice system and the legitimacy of the government of President Jair Bolsonaro (PL).The TSE canceled Lula's candidacy on September 1, 2018. At the time, the only one to vote in favor of the PT candidate was Minister Edson Fachin.The magistrate relied on the UN recommendation, which oriented to wait for a position from the Federal Supreme Court for such an arbitrary decision.In 2021, the world turned and the STF annulled the Lula process.In spite of Fachin's enormous effort to have only the sentences annulled, the votes of Gilmar Mendes and Ricardo Lewandowski prevailed, who were accompanied by Cármen Lúcia in the judgment of the case in the Second Panel of the Court, as well as in the Plenary.The seesaw of the Brazilian STF harms democracy.There were ups and downs on the issue of presumption of innocence and, due to the difference of one vote, a single vote, Lula, until then leader in all polls in 2018, was prevented from running, which created all the conditions for Bolsonaro’s election. .The performance of Sérgio Moro and the prosecutors led by Deltan Dallagnol, from the Public Ministry of Paraná, shames the Brazilian justice system internationally with this decision by a UN body that has the task of supervising compliance with the International Covenant on Civil and Political Rights. , ratified by 173 countries.The later facts are worse, with then-judge Sérgio Moro appointed Bolsonaro’s Minister of Justice and Public Security and now both he and Dallagnol entering this year’s electoral race.It is a true affront to the Constitution, which is worth remembering, forbids the political activity of judges, prosecutors and the military.The international fight between Valeska Zanin Martins and Cristiano Zanin Martins was exemplary, in addition to the British Geoffrey Robertson, who was an observer of the trial I participated in the Federal Court of Rio Grande do Sul.The use of the Judiciary and the creation of what Gilmar Mendes called estates with their own interests generated a subversion in the harmony of the three powers and ignited the democratic instability that we witness today almost every week.The latest blows were the unconstitutional decree of grace, signed by Bolsonaro, and the omission of Congress regarding the deplorable acts of federal deputy Daniel Silveira (PTB-RJ), in a direct affront to the decision of the Supreme.Before the world, the fairness of the 2022 Brazilian election, perhaps one of the most tense and disputed in our history, lies in not allowing fake news, strengthening the free and independent press, and having a judiciary that is attentive to the possibilities of coups.This text does not necessarily represent the opinion of CartaCapital.Fernando Augusto Fernandes Criminal lawyer and researcherSubscribe to our newsletter and receive an exclusive morning newsletterSupporting good journalism has never been more importantThank you for coming this far.We, at CartaCapital, have a daily commitment to bring critical journalism to readers, which calls things by name.And always based on data and reliable sources.We believe this is the best antidote to fake news and extremism that threaten freedom and democracy.If this fight is also important to you, join us!Contribute as much as you can.Or subscribe and have access to the full content of CartaCapital.Subscribe to our newsletter and receive an exclusive morning newsletterSupporting good journalism has never been more importantThank you for coming this far.We, at CartaCapital, have a daily commitment to bring critical journalism to readers, which calls things by name.And always based on data and reliable sources.We believe this is the best antidote to fake news and extremism that threaten freedom and democracy.If this fight is also important to you, join us!Contribute as much as you can.Or subscribe and have access to the full content of CartaCapital.