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rp_luis-carlos-valois-e1455827251416.jpgLuís Carlos Valois*

Os tribunais, logo após a Comuna de Paris, foram apelidados de “metralhadoras judiciais”, onde as condenações se davam como “um cutelo de cortar carne de repetição, que nem mesmo se tem tempo de enxugar” o sangue derramado. Foi em um deles que Theóphile Ferré, enfrentando seus “juízes” declarou: “nunca salvarei minha vida pela covardia”. Frente à mesma metralhadora, Louise Michel, outra revolucionária, desafiou os “magistrados”: “se não sois covardes, matai-me!”.

Dilma Roussef, mesmo sabendo da farsa, do engodo, do circo formado, sentou naquele banco dos réus fantasiado de tribuna do Senado. De cabeça erguida, como Ferré e Louise frente ao tribunal francês, começou seu discurso: “não esperem de mim o obsequioso silêncio dos covardes”.

Durante os meus vinte e dois anos de magistratura já vi muitas mulheres no banco dos réus, mulheres chorando, trazendo os filhos no colo, amamentando, contando da sua vida dura de mulher agredida ou violentada, às vezes confessando a culpa para uma mísera diminuição de pena, às vezes alegando inocência, mas de forma humilde, desacreditando, com razão, na própria instituição que a algemava.

Mas, confesso, nunca vi uma mulher com uma postura daquelas, tão altaneira, tão cara a cara, tão elevada, tão altiva. Se a “justiça” que conhecemos pede submissão, se o machismo da sociedade pede submissão, essa mulher violou todas as submissões que podiam se esperar de uma mulher no banco dos réus.

Julgamento? Que julgamento? Não havia julgamento, e a ré sabia disso. Sua ida ao senado não foi mais um gesto de arrogância, como a insensibilidade histórica, política e pessoal de alguns sugeriu, insensibilidade que só podia esperar a submissão que, efetivamente, foi violada. Sua ida ao senado foi um gesto político, como político foi seu julgamento.

Note-se, para quem já se acostumou a reconhecer a natureza política daquela encenação, que, por mais que se repita ter sido o julgamento político, o julgamento não podia ser político. Impeachment só existe mediante o julgamento da prática de um crime, nunca por intermédio de um julgamento político. A confirmação da natureza política do julgamento é a principal característica do golpe.

Mas não é nem do golpe que se quer falar. É da simbologia daquela mulher olhando a todos, frente a frente. Pode ser que tenhamos outras mulheres na Presidência da República no futuro, mas com a coragem e a valentia dessa dificilmente se verá. Coragem e valentia são raras em todos os gêneros hoje em dia.

O pensamento crítico não foi escasseando por outro motivo. Poltronas confortáveis são as melhores fábricas de covardes. As mudanças estruturais, como as revoluções, “precisam de intenções explícitas, princípios claros, corações decididos, homens completos”, coisas das quais mais se sente falta atualmente.

Há uma foto antiga, da presidenta sentada no banco dos réus na época da ditadura militar de 1964, de cabeça erguida, com seus juízes tapando o rosto. Não só o golpe, mas o banco dos réus também se repetiu na vida dessa mulher, igualmente uma tragédia que retornou como farsa. Pois aquela foto faz muito mais sentido hoje em dia: que mulher!

Na verdade, Dilma não olhou cara a cara seus algozes, olhou por cima de suas cabeças, para a população, para a história. Aos juízes, quando falou, não foi para se defender, mas para acusar, porque ela não se encontrava na presença de juízes verdadeiros, mas de inimigos.

Como a militante romena Ana Pauker que, presa em 1935, após alvejada por um tiro, sem tratamento no cárcere, disse “não temos do que nos defender. O que temos a fazer é o mais duro libelo contra o fascismo”, Dilma não se defendeu, acusou.

Ela resistiu, horas e horas de uma inquirição inquisitorial e repetitiva. Parecia de ferro aquela mulher. Deixou registrada a sua força: “resistir para acordar as consciências ainda adormecidas para que, juntos, finquemos o pé no terreno que está do lado certo da história, mesmo que o chão trema e ameace de novo nos engolir”; ressaltando que estávamos “a um passo da consumação de uma grave ruptura institucional, a um passo da concretização de um verdadeiro golpe de Estado”.

Dilma estava sob julgamento, mas, encerrado, poderia mesmo citar as palavras do bolchevique Michkin, sobre a farsa de sua condenação em 1877, pela justiça czarista: “agora posso, tenho pleno direito de afirmar que isto não é justiça, mas uma comédia, até mesmo algo pior, de mais repugnante, de mais vergonhoso…”.

Referências:

WILLARD, Marcel. O incêndio do Reichstag. Rio de Janeiro: Laemmert, 1968, p.85-89-91.

Discurso de defesa no Senado. Disponível em <http://agenciabrasil.ebc.com.br/politica/noticia/2016-08/confira-integra-do-discurso-de-dilma-em-julgamento-do-impeachment-no-senado>. Acesso em 11.9.16.

LUXEMBURGO, Rosa. Textos escolhidos. Vol. II. São Paulo: Editora Unesp, 2011, p. 332.

WILLARD, Marcel. Ob. Cit., p. 302.

Discurso de defesa no Senado.

WILLARD, Marcel. Ob. Cit.,  p. 101.

* Juiz de direito, mestre e doutor em direito penal e criminologia pela Universidade de São Paulo e membro da Associação de Juízes para Democracia. – AJD.

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