Deltan Dallagnol’s analysis sheds light on Justice Gilmar Mendes’ decision regarding the impeachment of Supreme Court (STF) justices. For this purpose, Deltan uses statements made by Minister Flávio Dino, which clearly marked a true ‘own goal’ against the interests defended by his colleague. The article, originally published in the Gazeta do Povo newspaper, discusses how Flávio Dino criticized Gilmar’s vote that changed the impeachment law.
The scene is as follows: after Gilmar decided to rewrite the law to determine that only the Attorney General of the Republic (PGR) would have legitimacy to request the impeachment of Supreme Court justices, Dino rushed to defend his colleague’s corporatist decision. Currently, there are 81 pending impeachment requests against STF justices, showing an ‘exaggeration’ that Gilmar, altruistically, was trying to rectify. This unprecedented number of allegations stems from unprecedented abuses committed by the STF.
Dino inadvertently confirmed the opposite; after trying to discredit the accusations, he shed light on the magnitude of the problem. It’s similar to a defender trying to protect his team but inadvertently scoring own goals – in this case, trying to clear the ball from the area and instead hitting it directly into their own goal. Dino unintentionally became a loose cannon against his own team.
The most impressive part is when, before Dino’s statements, Gilmar Mendes had denied that his injunction was crafted to shield STF justices. By saying it was merely ‘interpreting the Constitution’, Gilmar tried to present the decision as safeguarding institutionalism and the Constitution itself. However, Dino, in his eagerness to defend Gilmar, inadvertently deviated from the script. He openly stated – recorded on video – that the impeachment law needed to be changed due to the numerous impeachment requests against justices causing ‘instability’. This revealed the self-protection and shielding nature of the STF’s actions.
Dino’s statements revealed what Gilmar intended to conceal. The senior Justice’s vote is not merely a defense of the Constitution but a protection of himself and his ilk. It aims to prevent Congress from exercising one of the few constitutional instruments to oversee the Supreme Court. Dino, unintentionally, unveiled the internal logic of the STF, confirmed the shielding approach, exposed the fear within, and inadvertently violated the law, compromising his own role in the case.
By revealing to the nation that Gilmar’s decision is a fortress erected to prevent the accountability of justices, Dino inadvertently exposed the STF’s resistance to any form of control, be it from the Constitution, Senate, or society itself. With the erosion of institutional norms in recent years, the pressing question remains: if even Justices acknowledge, albeit inadvertently, the existence of a shield, what more needs to happen for Congress to react?
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