What You Need To Know About Allan Dos Santos
Allan dos Santos is a Brazilian journalist, well known as the founder of Terça Livre TV, the most prominent independent media in South America, nowadays living in exile in Orlando, FL, United States. He denounced a series of crimes linking narco guerrillas and high ranked political actors in Brazil and in Latin America, including members of the Brazilian House of Representatives, Brazilian Senate and Brazilian Supreme Court, where the persecution against him is flagrant. Allan had more than a million subscribers on his social medias before being illegally shot down by the Brazilian Supreme Court.
Crime Of Opinion
On October of 2021, by the order of Alexandre de Moraes, Brazil's Supreme Court Judge, a request to arrest and extradite Allan dos Santos back to Brazil was issued, via the Brazilian Federal Police. In this request, Moraes states that “these conducts [of the journalist], with a high degree of danger, reveal themselves not only as mere 'crimes of opinion'". To the astonishment of numerous legal experts, public personalities, journalists, and politicians, the Judge confesses that his decision is based on "CRIME OF OPINION", revealing that the persecution is political and ideological.
Brazil's Attorney General publicly expressed his opposition to the Judge's request for the arrest and extradition of Allan dos Santos, but Judge Moraes did not heed to the Attorney General opinion.
In the Brazilian Constitution, in its fifth article, item LV, litigants are guaranteed, in judicial or administrative proceedings, and the accused have the right to an attorney and the defense attorney has the ability to view all the evidence prior to the trial and also the "Audi alteram partem" (or audiatur et altera pars) which is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". This is the principle that no person should be judged without a fair hearing, where each party is given the opportunity to respond to the evidence against them. These constitutional rights were infringed and neither Mr Allan dos Santos or his lawyers were granted access to the full records of the investigation. In other words, the defendant and his legal team had no means to know what the defendant was being accused of.
In this Allan Dos Santos’ case, there was no trial, as he was not even indicted. In other words, the journalist is not a defendant but merely investigated, even though he does not have public office or privileged jurisdiction to be investigated by the highest legal court in the country, as required by Brazilian law.
The journalist is simply investigated on an inquiry considered illegal by former Supreme Court Judge Marco Aurélio Mello, who before leaving the Court in 2021, stated: "This is the inquiry of 'the end of the world', without limits”. The then Judge Marco Aurelio considered that the fake news inquiry was illegal, unconstitutional and harshly criticized the law suit for "not observing the democratic system". In an interview to the Revista Crusoé, he stated: “What happened in the case was that (then) President (Dias) Toffoli himself, impersonating the victim, which was the Supreme Court, determined the opening of the investigation. And the worst thing is that he cherrypicked the presiding judge in the case. There was not even an automatic random selection to know who would be the presiding judge. He then chose the presiding judge of his preference, Judge Alexandre de Moraes.
This inquiry is in progress, and when anything with a minimum relation to the basic issue at hand arises, which would be the dissemination of news contrary to the Supreme Court and its members, the matter is sent to the presiding judge. That’s why I even said that this was the inquiry of the end of the world. Everything fits in it”.
We hope Brazil can find a way out of these types of decisions, that we consider arbitrary since there is no such thing as "crime of opinion" and any political persecution is prohibited by law. You cannot silence a journalist and at the same time safeguard the rule of law. Freedom of expression already has its limits expressed in brazilian law, and cannot be said that someone has extrapolated it until the person has been convicted by a final and unappealable sentence, according to the fifth article of the Brazilian Federal Constitution, item LVII that says "no one will be considered guilty until a final and unappealable penal sentence is reached". The decision of Judge Alexandre de Moraes, therefore, is more than political and ideological persecution, and it's based in a supposed and non-existent crime of opinion.