LA DÉMOCRATIE C’EST MOI!

PRETENSÃO E ÁGUA BENTA, CADA UM TOMA QUANTO QUER

“Ataques não são para me desacreditar (…) Isso aí é a ruptura da democracia”, diz Toffoli segundo o Estadão. Se fosse pretensão, tudo bem, mas tratar críticas, discordâncias, ou mesmo ofensas pessoais, como crime de lesa-majestade, é uma afronta à Constituição. Ainda mais grave quando no contexto em que que um juiz do Supremo também deixa claro discordar da punição de empresários por causa de seus efeitos sobre suas empresas.

O ministro parece também sugerir similar discordância com relação a punir autoridades, e claramente se jacta de “quantos a gente não pôs para fora no CNJ (Conselho Nacional de Justiça)?”  – como se não fosse o mínimo que se espera de um juiz, ao julgar quem desrespeitou a lei. Um juiz que manda punir criminosos não está fazendo nenhum favor à sociedade que paga por seus serviços.

Ora, por que, então, se não convém punir empresários para preservar suas empresas, por que punir um ladrão cuja família sofrerá toda sorte de carências e até abusos, e quase sempre ficará à míngua? Por que punir um assaltante que provoca mortes, quando seus filhos serão privados da autoridade paterna? Não seria injusto punir um escroque e confiscar os bens adquiridos de forma ilegal, deixando seus capangas sem emprego?

Trata-se de opiniões, a meu ver equivocadas, sobre os princípios do sistema penal em uma democracia, mas dotadas de pleno direito a expressar-se publicamente e a organizar movimentos, pressões, lobbies, para transforma-las em lei. O que não se pode admitir é que um juiz de qualquer instância, ademais um juiz cuja principal função é proteger a integridade da Constituição e a rigorosa conformidade de sua aplicação, venha a público lamentar a aplicação da lei contra crimes comprovados pela justiça. E não se venha com o argumento de que se pode punir o proprietário ou o gestor da empresa, mas não a empresa, que não é uma organização criminosa: o que seria uma empresa que cria e gere uma contabilidade clandestina e ilegal, com o fim de descumprir as leis do país e fraudar as leis do mercado, senão, em bom português, uma quadrilha criminosa?

Não foi por menos que aqui alertei contra o “pacto” entre os poderes que o chefe do Executivo anunciou meses atrás¹. Desde o fim do Século 15 o pensamento político sabe – na verdade tornou público em um pequeno livro – que um pacto entre os Grandes tem por único objetivo explorar e oprimir o Povo.

¹ Nos comentários: “Pacto entre Narcisos” e “From Chávez With Love.

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