PT org crim

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Mais uma vez usando a democracia contra a democracia

O mundo jurídico trata os membros de uma organização criminosa erigida para cometer crimes políticos (contra a democracia) como se fossem políticos que cometeram individualmente crimes comuns. Não pode dar certo. São delitos distintos. As motivações são diferentes. A capacidade de resistir ao aparato legal do Estado é diversa. Para um membro da máfia, a liberdade provisória é muito melhor do que a prisão provisória. A falta de dispositivos legais para combater crimes políticos não deveria acarretar uma falta de inteligência dos agentes da lei.

Mas acarreta. Sobretudo quando os operadores da lei se deixam contaminar pelo legalismo. E aí eles não veem que não estamos enfrentando apenas políticos que cometeram crimes comuns, mas uma organização erigida para cometer crimes políticos contra a democracia e que não foi desbaratada.

Quando os petistas dizem que Vaccari e Palocci são presos políticos, eles estão certos e errados. Estão certos porque eles são criminosos políticos mesmo (cometeram crimes contra a democracia, para bolivarianizar o nosso regime). Estão errados porque eles estão presos por crimes comuns (que também cometeram para enriquecer e se dar bem na vida).

São presos comuns, quando deveriam ser presos políticos (e só não o são por insuficiência jurídica: não há leis no país para coibir crimes não-comuns cometidos por organizações políticas criminosas). É curioso, porque no berço da democracia, na Atenas do século 5 AEC, havia leis para isso. Sócrates não foi condenado por que cometeu crimes comuns: ele não roubou nenhum comerciante da Agora, não matou ninguém, nem cometeu algum delito tipificado nas nossas leis atuais. Também não cometeu crime de opinião, que só é punido em autocracias. Não! Ele era, de fato, contrário à democracia, mas não foi condenado por isso, como tentou falsificar a versão de Platão. Ele cometeu crime político mesmo, contra a democracia. Do meio dos seus seguidores (ou pupilos) saíram agentes que deram dois golpes sucessivos na democracia, inclusive conspirando com a autocracia espartana (que financiou esses golpes ou, pelo menos, um deles) e instaurando a ditadura dos 400 e a ditadura dos 30. Ditaduras brutais, que assassinaram mais gente do que as que pereceram na guerra do Peloponeso.

O legalismo é uma ideologia ineficaz para proteger a democracia. Erdogan não precisou violar formalmente a lei penal vigente no seu país para transformar a Turquia numa ditadura. Pelo contrário, usou o arcabouço jurídico do Estado a seu favor. O mesmo valeu para Putin. A observância das normas do Estado de direito não garante a democracia. Tais normas são necessárias, sem dúvida. Mas são insuficientes. Sabendo disso, as organizações criminosas usam as prerrogativas do Estado de direito para enfrear a democracia.

Os legalistas atacam a prisão preventiva como se fosse um crime mais grave do que aqueles que cometeram os que assaltaram o Estado para golpear a democracia. A força tarefa da Lava Jato e o juiz Moro se defendem dizendo que a disposição de delatar não tem nada a ver com a prisão preventiva. Mas tanto a acusação quanto a resposta estão erradas. Só se fôssemos imbecis para acreditar nisso.

Vejam o caso do Marcelo Odebrecht. Ele resistiu, resistiu e capitulou. Não só porque estava preso, mas isso pesou também, pois há fatores psicológicos que entram nessa decisão. E há, sobretudo, fatores políticos. Sabendo que uma condenação em segunda instância pode demorar muito e que – em alguns casos – ainda pode caber recurso ao supremo, um militante que conta com a retaguarda de uma organização criminosa que não foi desbaratada (como o PT), mesmo que já tiver sido condenado ou estiver em vias de sê-lo, preferirá não delatar e sair da cadeia, aproveitando o tempo em que estiver solto para obstruir novas investigações e para tentar inverter a correlação de forças no país (por exemplo, até que Lula volte ao poder e consiga coagir juízes e procuradores) antes de ser preso definitivamente (após julgamento em segunda instância). É o caso de Dirceu. É o caso de Vaccari. E pode ser o caso de Palocci.

O PT aproveita as brechas do nosso sistema legal para golpear a democracia. Basta ver o que acontecendo neste momento.

O que está havendo é muito mais grave do que parece e poucas pessoas estão percebendo. A linha de defesa dos petistas investigados na Lava Jato e operações congêneres é a de negar a legitimidade das instituições da democracia, do ministério público e do judiciário. Eles não aceitam ser julgados pela justiça do país, como qualquer cidadão. E por isso deslegitimam procuradores e juízes acusando-os de partidarismo.

Em vez dos investigados e réus se defenderem juridicamente e até politicamente (o que seria seu direito), eles atuam coletivamente, como organização, declarando uma guerra, inclusive de rua, convocando manifestações de insubordinação contra as autoridades legitimamente constituídas que estão apenas cumprindo seu papel constitucional. E ainda escarnecem. Consideram seus correligionários já condenados a mais de 30 anos, por todo tipo de crime, como “guerreiros do povo brasileiro”.

Ora, isso é um ataque direto ao Estado democrático de direito. Um partido legal não pode se comportar assim. Se o PT está tomando tal atitude é sinal de que não reconhece mais a legitimidade das instituições (e não cabe a essas instituições senão não reconhecer mais a legitimidade do PT). É um imperativo democrático cassar o registro partidário do PT. Infelizmente, nossa lei partidária atual não permite que o Estado de direito se proteja de um ataque tão grave à democracia.

Eis o quadro. Depois de ficar no governo mais de uma década, assaltando o Estado brasileiro, o PT não reconhece mais nenhum poder que não seja o seu (quer dizer, o Estado aparelhado por ele).

Qualquer leniência com esse tipo de comportamento significará um perigosíssimo precedente que poderá levar, caso os conflitos se acirrem e as autoridades não respondam a altura, a uma dualidade de poderes. Teremos as instituições de um lado e o PT, incluindo seus satélites partidários e suas correias de transmissão no movimento sindical, nos movimentos sociais, nas ONGs, na CNBB, na OAB e em outras organizações da sociedade, de outro. Ora, nenhum Estado pode permitir a dualidade de poderes.

O governo Temer deveria ter feito uma devassa da década em que o PT assaltou o Estado e expor isso a toda população. Não fez. Resolveu contemporizar. Agora estamos vendo a consequência. Impeachment sem transição democrática pós-PT só poderia dar nisso que, provavelmente, vamos assistir nos próximos dias.

O PT, mais uma vez, está usando a democracia contra a democracia.

 

 

 

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