**Celebrating Acts of Subversion: Challenging the Constitutionality of Porto Alegre’s Municipal Day**
*Unveiling the Backlash on Brazil’s Political Landscape*
Introduction:
In a bold move to contest the constitutionality of a municipal law enacted by the Porto Alegre City Council, the Attorney General of the Republic (PGR) filed a lawsuit before the Federal Supreme Court (STF). The law in question establishes the Municipal Day of the Homeland, to be celebrated on January 8. This date holds significant historical weight as it commemorates the day when coup supporters of former President Jair Bolsonaro stormed and caused extensive damage to the headquarters of the Three Powers in Brasilia, in an outrageous attempt to overthrow the government of President Luiz Inácio Lula da Silva.
The PGR’s legal action, presented as an Argument of Breach of a Fundamental Precept (ADPF), highlights the violation of constitutional principles and requests precautionary and immediate suspension measures against the municipal law. Minister Alexandre de Moraes has been requested to preside over the case, given its connection to the ongoing investigation into the coup events.
Background:
The municipal bill proposing the establishment of the Municipal Day of the Homeland was introduced by former councilor Alexandre Bobadra (PL) on March 15. After passing through three commissions, the bill received approval and was subsequently signed into law by Mayor Hamilton Sossmeier (PTB) on July 10. However, Bobadra’s term as councilor was recently revoked due to a conviction for abuse of economic power by the Regional Electoral Tribunal of Rio Grande do Sul (TRE-RS).
Although the bill was not voted on in a plenary session by the Chamber of Councilors, it was automatically transformed into law when Mayor Sebastião Melo remained silent within the stipulated period, neither vetoing nor sanctioning the project. This procedural path triggered responses from both the President of the Porto Alegre City Council and the Mayor’s office.
The President of the Porto Alegre City Council emphasized in an official note that the law’s promulgation was carried out in compliance with legislative procedures and emphasized the neutral role of the President in judging the value of each agenda or project. Meanwhile, the Mayor’s office released a statement affirming its adoption of a consistent position of neutrality toward municipal bills that propose commemorative dates. The Mayor’s silence on the Council’s decision to approve Bobadra’s proposal mirrored the approach taken for Councilor Aldacir Oliboni’s law, which included January 8 in the municipality’s Calendar of Commemorative and Awareness Dates as the Day of Defense of Democracy.
Public Reactions:
The approval of the municipal law in Porto Alegre sparked significant controversy and elicited strong responses from various quarters. Flávio Dino, the Minister of Justice and Public Security, vehemently criticized the law, questioning its compatibility with Constitutional Law. Dino condemned the association of crimes with patriotism and argued that the law violates the principles of morality, the republican form, the representative system, and the democratic regime. He was firm in his belief that the eventual extinction of the law was only a matter of time.
Legal Landscape and Ongoing Investigation:
The consequences of the coup attempt on January 8 have not gone unnoticed by the Supreme Court. To date, over 1,300 individuals have been sued by the highest court for their participation in the destruction of the headquarters of the Federal Supreme Court (STF), Congress, and the Planalto Palace. As the investigations unfold, approximately 120 individuals remain in custody, awaiting due process for their alleged involvement.
Moving Forward:
The lawsuit filed by the Attorney General of the Republic (PGR) serves as a pivotal moment in determining the constitutionality of Porto Alegre’s Municipal Day of the Homeland. As legal proceedings progress, all eyes will be on Minister Alexandre de Moraes and the Federal Supreme Court (STF), who now have the responsibility of ruling on the matter. The outcome of this case will undoubtedly set a precedent for the legality and appropriateness of commemorating acts of subversion and violence.
Conclusion:
Porto Alegre’s Municipal Day of the Homeland stands as a testament to the polarized political climate in Brazil. While some argue that a municipal law should not honor a date associated with criminal activities, others have defended the law’s enactment as a result of proper legislative procedures. Regardless of the outcome of the legal battle, the dispute surrounding this law brings to the forefront crucial questions about the boundaries of patriotism, the sanctity of democracy, and the role of commemorative dates in a nation’s collective memory. As the legal drama unfolds, Brazil is left to grapple with its own history and reconcile the divergent opinions that continue to shape its political landscape.
**Summary:**
The Attorney General of the Republic (PGR) has taken legal action against the constitutionality of a municipal law in Porto Alegre, Brazil, which established the Municipal Day of the Homeland. The date chosen for the celebration, January 8, signifies the day that coup protesters supporting former President Jair Bolsonaro invaded and destroyed the headquarters of the Three Powers in Brasilia. The PGR argues that the law violates constitutional principles and has requested a suspension measure. The law was proposed by a former councilor and signed into law by the mayor, despite not going through a plenary session at the Chamber of Councilors. The President of the Porto Alegre City Council and the Mayor’s office have defended the legality of the law. The Minister of Justice and Public Security strongly criticized the law, questioning its compatibility with Constitutional Law. The case will be heard by the Federal Supreme Court, with implications for the commemoration of acts of subversion and violence in Brazil.
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The Attorney General of the Republic (PGR) filed a lawsuit before the Federal Supreme Court (STF) to declare unconstitutional a municipal law promulgated by the Porto Alegre City Council, which instituted the Municipal Day of the Homeland, to be celebrated on January 8.
The date refers to the day that coup protesters supporting former President Jair Bolsonaro invaded and destroyed the headquarters of the Three Powers, in Brasilia, in an attempt to overthrow the government of President Luiz Inácio Lula da Silva.
The manifestation of the PGR consists of an Argument of Breach of a Fundamental Precept (ADPF), presented by the coordinator of the Strategic Group to Fight Anti-Democratic Acts (GCAA), Carlos Frederico Santos, and includes a request for a precautionary measure and an immediate suspension measure. of the municipal law. The PGR requested that the action be distributed to Minister Alexandre de Moraes, considering the connection of the issue with the one addressed in the inquiry that investigates the coup events.
The municipal bill was proposed on March 15 by then councilor Alexandre Bobadra (PL) and signed into law by the mayor, Hamilton Sossmeier (PTB), on July 10. Bodara’s term as councilor was revoked just over 10 days ago, after being convicted in a process for abuse of economic power by the Regional Electoral Tribunal of Rio Grande do Sul (TRE-RS).
The bill was not voted on in plenary session by the Chamber of Councilors of the capital of Rio Grande do Sul, but it went through three commissions and was later sanctioned by Mayor Sebastião Melo. As the mayor did not manifest himself within the stipulated period, neither to veto nor sanction, the project returned to the Chamber, which automatically transformed it into law.
The president of the Porto Alegre City Council came to express himself, in an official note, informed that the promulgation of the law, which complied with the legislative procedures, should occur due to a legal requirement. “It is not for the president to judge the value of this or that agenda or project. When it passes, and if the mayor is silenced, it’s only up to the president of the legislature to sign it into law, which we did,” reported Hamilton Sossmeier (PTB).
The Porto Alegre mayor’s office also reported in a note that it adopted the same position of silencing municipal bills that create commemorative dates. “As in the law of the councilor Aldacir Oliboni, which last June included the date of January 8 in the Calendar of Commemorative and Awareness Dates of the Municipality of Porto Alegre as Day of Defense of Democracy, the mayor Sebastião Melo remained silent regarding to the decision of the City Council, which approved the proposal of the councilor Alexandre Bobadra for the same date”, says the text.
The Minister of Justice and Public Security, Flávio Dino, strongly criticized the approval of the municipal law in Porto Alegre.
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“Can a law honor a date of commission of crimes, like January 8? Further associate crimes with patriotism? From the perspective of Constitutional Law, the answer is very clear. The law violates the principles of morality, the republican form, the representative system and the democratic regime. The extinction of the law is a matter of time, ”he wrote in a post on social networks.
So far, more than 1,300 people have been sued by the Supreme Court for participating in the depredation of the headquarters of the Federal Supreme Court (STF), Congress and the Planalto Palace. Some 120 investigated remain in prison.
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