O ATAQUE AO ESTADO DEMOCRÁTICO DE DIREITO NO BRASIL EM 08 DE JANEIRO DE 2023

Abstract

Bolsonaro supporters' response to electoral defeat: the barbaric spectacle of destroying the people's palaces. The objective of this work is to analyze, from a historical and legal perspective, the events surrounding the attack on the democratic regime in Brazil, which culminated in the invasion of the headquarters of the Three Powers of the Republic in Brasilia on January 8, 2023. First, we seek to retrace the fake news campaign observed during the administration of Jair Messias Bolsonaro against political opponents and the Brazilian electoral system, which culminated in the organization of camps in front of Army headquarters with the aim of executing a coup d'état due to the result of the 2022 presidential election. Next, it addresses the crisis of constitutionalism that afflicts not only Brazil but also other democratic countries. In this context, it examines the similarities between the invasion of the Capitol in Washington and the January 8 events in Brazil. Finally, it presents the response of the national justice system to the attempted institutional rupture, which resulted, internationally, in retaliation by the United States of America and, internally, in Criminal Action 2668 in the Federal Supreme Court, which represents a watershed moment in Brazilian history. The research was developed using a qualitative approach combined with the historical method, based on a literature review; reconstruction of the facts, mainly through journalistic records, given the current nature of the subject under study; and analysis of legislative documents, such as the 1988 Federal Constitution and the Penal Code, relevant to the crimes committed. In view of the above, it can be concluded that the firm accountability undertaken by the Judiciary with the support of the other institutions attacked demonstrates the unity, solidity, and resistance to protect the Democratic Rule of Law and prevent any further affront to republican institutions.