Tofolli

,

Entenda por que, sem as ruas, não há saída

Por que não adianta acender uma vela para Moro e ir assistir tudo pela TV

Eles – os petistas que dirigem o partido ou têm mandato – são todos (ou quase todos) bandidos (todos, por exemplo, sabiam do mensalão, do petrolão, quando não se beneficiaram deles). Mas não há como pegá-los de uma vez dentro da democracia (nosso arcabouço legal é inepto para tanto).

Devemos respeitar o Estado de direito. Respeitando o Estado de direito, as instituições devem processá-los, um a um, por crimes comuns que tenham cometido (já que não há lei que caracterize e puna crimes políticos contra a democracia).

Esse caminho é longo e as leis que temos, mais uma vez, não ajudam a desbaratar organizações criminosas, muito menos as de caráter político (como o PT). Por isso aquelas 10 Medidas Contra a Corrupção eram tão importantes e foram destroçadas por corruptos de quase todos os partidos.

O processo paulatino de desmontar uma organização criminosa que foi erigida para praticar crimes políticos, a partir da condenação de seus membros que também cometeram crimes comuns (não há outro modo legal), é muito vulnerável às pressões políticas, sobretudo quando chega nos tribunais superiores.

É praticamente impossível fazer isso no curto prazo e a duração dos processos é tão longa que parte dos crimes acaba prescrevendo, além do quê a maioria dos criminosos tende a escapar de qualquer punição efetiva (por exemplo, os que não cometeram crimes comuns e os que cometeram crimes comuns de menor gravidade e receberão no máximo uma pena alternativa).

Se a Lava Jato não tivesse grande apoio popular, esse assunto já teria sido encerrado. E, mesmo assim, ele ainda pode ser encerrado, se as ruas não continuarem exigindo a punição dos culpados.

É preciso entender que os membros dos tribunais – salvo as exceções que confirmam a regra – não são independentes dos políticos que os indicaram. E que há muitos envolvidos – entre dirigentes partidários, senadores, deputados, governadores, prefeitos, juízes, grandes empresários e banqueiros que ainda não apareceram – que têm interesse em jogar uma pá de cal sobre tudo isso, pretextando que querem pacificar o país. Esses setores farão tudo que estiver a seu alcance para matar a Lava Jato e operações congêneres, inclusive apoiar a candidatura de Lula em 2018. Simplesmente porque eles não têm outra saída.

Os democratas também não temos outra saída a não ser as ruas (lato sensu, quer dizer, as manifestações da sociedade em todos os lugares, nas ruas propriamente ditas, nos locais de trabalho, estudo e lazer, nas nossas comunidades de vizinhança, de prática, de aprendizagem, de projeto, nos nossos grupos de amigos, nos meios de comunicação e nas mídias sociais). Um Gilmar Mendes não é uma pessoa perversa que apareceu do nada para barrar a Lava Jato. Um Reinaldo Azevedo não é um blogueiro de aluguel que surgiu para justificar tudo o que faz um Gilmar Mendes (e, pasme-se, também um Toffoli – e por essa ninguém esperaria). Se não fossem eles, seriam outros, escudados no legalismo, para justificar a manutenção do establishment – por medo, puro medo, da imprevisibilidade da política: o que revela uma mentalidade autoritária.

Os legalistas querem que as pessoas que foram às ruas exigir o impeachment de Dilma, pendurem as chuteiras e se mandem para suas casas, para assistir tudo pela TV. Agora seria a hora de deixar que as instituições funcionem. Mas as instituições estão funcionando – e esse é o problema! Elas estão funcionando como podem funcionar, no seu ritmo próprio, segundo a sua lógica característica – que não é a da sociedade. As instituições existem para manter o status quo, não para alterá-lo. Por isso é necessária, do ponto de vista democrático, a interferência da sociedade. Do contrário estaremos condenados a ficar nas mãos de um Toffoli (o que, se não é o pior dos mundos, está perto). Isso não tem nada a ver com descumprir as leis ou atentar contra a democracia. É legítima e legal a intervenção pacífica da sociedade nas democracias.

O legalismo não é o respeito às leis e ao Estado de direito. É uma ideologia que tenta encaixar a democracia dentro Estado de direito a marteladas (numa época em que as sociedades do século 21 não cabem mais dentro dos Estados do século 17). E, no caso dos personagens citados aqui como exemplos, é também uma maneira safada de dizer que a minha interpretação da lei é válida e a sua não. Os legalistas não têm vergonha de afirmar que Gilmar, Toffoli e Lewandowski – ao soltarem Dirceu, o Marcola da esquerda – estavam apenas obedecendo aos ditames do Estado de direito, deixando implícito que Fachin e Celso Mello estavam derruindo o Estado de direito e descumprindo as leis. O que é falso – e eles sabem que é falso – como uma nota de 17 reais. Um legalista, mais cedo ou mais tarde, se transforma num manipulador. Manipula a opinião pública, fundamentalmente, para evitar a mudança, pois imagina que é melhor ficar com o que já temos do que arriscar qualquer coisa que possa ameaçar o que já temos. Mas quando o que já temos apodreceu, o legalismo revela-se uma tenebrosa força regressiva.

 

 

 

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