Political appointments are not crimes; they happen all over the world.

RICARDO BRUNO

Former President Fernando Henrique Cardoso's memoir illustrates a perfectly natural aspect of Brazilian presidentialism and, by extension, of the public administration of the states within the federation: the free filling of appointed positions within the power structure. This procedure, resulting from coalition presidentialism, is not inherently reprehensible. Allied parties participate in government – ​​here or anywhere else in the world.

The importance of reading the former president's testimony stems from a growing and bizarre interpretation by sectors of the Public Prosecutor's Office that party alliances for the formation of a parliamentary base, with corresponding participation in the government, constitute an illicit or even criminal practice. This strange innovation in legal theory criminalizes politics, not the potential criminal.

This situation is reminiscent of anecdotes about cases of infidelity, in which the victim, to avoid being cheated on, removes the sofa from the living room. Similarly, the Public Prosecutor's Office wants to criminalize political negotiations, which are natural in a democratic regime, in an attempt to prevent potential crimes. The logic behind this premise is anti-democratic and authoritarian, revealing a certain inability to address the problem in the appropriate arena. Let's fight the crime, never the politics.

If this weren't the case in almost every part of the world (recently in Italy the Five Star Movement allied with the PD (center-left) to form a new government with a division of ministries, etc.), FHC describes, without hesitation, the creation of the Extraordinary Ministry for Political Coordination, in April 1996, entrusted to Luiz Carlos Santos of the PMDB party to take care precisely of the task of appointments.

In the Executive branch, Luiz Carlos would have the responsibility, FHC continues, of "indicating the people, in agreement with the parliamentarians, to fill positions that the law allows to be freely appointed." According to the former president, the creation of the ministerial post to deal with this issue became imperative due to two factors: the coalition parties were demanding more space in the ministry and greater access to decisions regarding appointments to positions of trust.

Recently, President Jair Bolsonaro finally decided to create some base in parliament to guarantee him stability and distance him from a possible impeachment. He brought the Centrão parties into the government, ceding important positions in the power structure. There is no evidence of criminal activity in this decision, even though one may disagree with the names indicated and the inconsistency of the president's behavior, previously opposed to dialogue and negotiation.

Incidentally, Minister Wagner Rosário, from the Comptroller General of the Union, was clear and objective in addressing the issue: “The appointment to positions is not a quid pro quo, which is the use of this for nefarious purposes. The appointment to positions is not prohibited, it is not criminalized, and it can continue to happen.”

Despite the act being entirely legal, until proven otherwise, the Federal Public Prosecutor's Office treats political appointments as a criminal practice, suspecting an improper act in petty negotiations for participation in the government. In the extensive indictment against Governor Wilson Witzel, there is a chapter almost entirely dedicated to showing alleged crimes in the political appointments of deputies.

After presenting a list with names suggested by parliamentarians, federal prosecutors assert that there is "an immemorial criminal structure aimed at allocating public positions and outsourced labor that perpetuates itself administration after administration through the exchange of illicit favors between the Executive and Legislative branches."

The conclusion is as misguided as it is appalling. Lists of nominees for public office are treated like a kind of lipstick on a garment, irrefutable proof of a crime – when they are nothing more than documents proving political maneuvering. If crimes result from these nominations, then let them be investigated and those responsible punished exemplarily. Beyond that, it criminalizes politics.

Another distorted finding in the indictment refers to the section of Edmar Santos's testimony in which he states that approximately 10% of the positions in the UPAs (Emergency Care Units) and hospitals were filled by political appointments from parliamentarians. Again, this is given a dark and serious tone, suggesting alleged intent to commit criminal misconduct.

Anyone familiar with parliamentary offices in the Rio de Janeiro State Legislative Assembly (Alerj) or the Cambuci City Council can attest to the daily number of people who flock to politicians seeking employment. The crisis has increased this legion of destitute individuals. Therefore, what kind of crime is committed when this is done in response to requests from executive authorities? Only a distorted view of Brazilian social reality, deliberately committed to criminalizing the political class, could understand it differently.

The imprecision of the discourse constructed by the prosecutors in this chapter makes the indictment more of a pamphlet than a legal document. Facts from the national political routine are combined with serious expressions suggesting the actions of criminal groups. However, the so-called causal link between the fact, the appointment, and the alleged crime is not shown.

Politics is politics. Crime is crime. Criminal politicians must be punished exemplarily. What is intolerable is the criminalization of politics under the pretext of fighting corruption. This method, so common in Lava Jato, destroys the foundations of democracy in a hail of caution. Without caution, it transforms the politician, elected by popular vote, into a perpetually suspect figure, even without evidence. Furthermore, it reduces to dust the sovereign constitutional principle that all power emanates from the people and must be exercised in their name.