Sérgio Moro did not follow the teachings of the great Brazilian jurist, Ruy Barbosa, who affirmed that "justice, blind to one side, is no longer justice. It must be seen equally to the right and to the left "and that" there is nothing more relevant to social life than the formation of the feeling of justice. Moreover, Sérgio Moro did not adopt one of the great commandments of Ruy Barbosa based on the phrase lapidar: "With the law, by the law and within the law; for out of the law there is no salvation".

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MAQUIAVEL AND MORO
Fernando Alcoforado*
According to the Greek philosopher Aristotle, man is a social and political animal by
nature. And if man is a political animal, it means that he has a natural need to live in
society, to promote the common good and happiness. With the theses of Niccolò
Machiavelli, exposed in his work The Prince, the conception of Aristotle of politics as a
search for justice and the common good falls by the wayside. In each historical epoch,
the foundation of politics and the state for Machiavelli is the maintenance of political
power by the ruling classes. For Machiavelli, the essential purpose of politics is, in
short, to conquer and maintain power. It is based on this view that Machiavelli coined
his famous and most controversial phrase: the ends justify the means.
The thesis that the ends justify the means applies to the political reality in which Brazil
lives, which is far from resembling paradise or the positivist harmony of order and
progress, the motto of the Brazilian flag. The political, economic and social order
remains in Brazil in iron and fire, hiding the relations and mechanisms of exploitation
by the use of justice and the state repressive apparatus, whenever it is necessary, and the
progress has been constituted in a true illusion. In the twentieth and twenty-first
centuries, the illusion that Brazil would walk inexorably toward progress was buried. In
Brazil, Aristotle's conception of politics as a search for justice and the common good
has never been applied, but Machiavelli's view that the foundation of politics and the
state is the maintenance of political power.
It is legitimate that the ends justify the means used, but only insofar as these means do
not contradict the intended ends. This means that not everything that is done is
acceptable. It is only acceptable that which contributes to the attainment of the desired
end and does not mean the negation of it. With Machiavelli, politics ceases to be
thought from ethics and religion. In this sense, Machiavelli represents a double rupture:
with the classics of Greco-Roman antiquity and medieval Christian values. In
Machiavelli, politics identifies itself with the space of power as an activity on which the
collective existence is based and which has priority over the other spheres of human
life. Politics merges with objective reality, with the concrete problems of relations
between men. The policy described in The Prince of Machiavelli with countless
examples drawn from the history more resembles Dante's hell than the promised
paradise.
By liberating politics from religious morality, Machiavelli made explicit his earthly
character and made it something that could be assimilated by the commoners of mortals.
It is not by chance that Machiavellianism has become synonymous with a political
practice devoid of ethics, morality and good faith, a cunning and rogue procedure. The
panorama of Brazilian politics throughout its history and in the current conjuncture
reflects the postulates of Machiavelli, although most of our rulers have not read The
Prince. Despite this, many politicians act according to the principles contained in
Machiavelli's work, which are based on a utilitarian, pragmatic view based on the
rational calculation of the cost / benefit ratio.
Politics should be pursued on the basis of ethics and morals. Emphasize that Ethics is
the way that man should behave in his social environment. In turn, Moral is a set of

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norms that regulate the behavior of man in society, and these norms are acquired by
education, tradition and everyday life. The term Ethics represents a set of moral values
and principles that should guide human conduct in society. Ethics serves to establish
rules of conduct that ensure the balance and the proper functioning of society, ensuring
that no one is harmed. In this sense, Ethics is related to the feeling of social justice.
From the point of view of Philosophy, Ethics is a science that studies the values and
moral principles of a society and its groups.
Each society and each social group have their own codes of ethics. Besides the general
principles that guide social functioning, there is also the ethics of certain specific groups
or places. In this sense, ethics of the judiciary, medical ethics, work ethics, engineering
ethics, business ethics, educational ethics, sports ethics, journalistic ethics, ethics in
politics, etc. can be cited. In turn, the study of the character of the individual and
customs is called moral. Ethics and Moral become synonymous, designating the same
object and the same field of philosophical inquiry.
Former Judge Sérgio Moro, who excelled in defending the noble purpose of the fight
against corruption, used means devoid of ethics, morals and good faith by acting
illegally in his punitive action in Lava Jato Operation in collusion with members of the
Public Prosecutor's Office of Paraná practicing procedural fraud against defendants. The
exchange of messages by an application between Judge Sérgio Moro - current Minister
of Justice and Public Security - and Attorney of the Republic Deltan Dallagnol, recently
revealed by The Intercept Brasil, violate the principles of basic independence and
neutrality in Judiciary in Brazil and in various parts of the world, according to
international lawyers and scholars.
If the judge is a true magistrate who presides over the trial, then it would be wrong and
problematic for him to be discussing prosecution strategies, openly or not with
prosecutors. The messages indicate that Moro would have suggested to the Federal
Public Ministry to change the order of phases of the operation, indicated a witness,
anticipating at least one judicial decision and advised the prosecutor on the scope of the
prosecution. The facts reported by The Intercept Brazil website show that Moro has
committed serious ethical violations. The relationship of judges with the parties
(prosecution and defense) is well founded in articles 8 and 9 of the Code of Ethics of the
Magistracy (http://www.cnj.jus.br/publicacoes/codigo-de-etica-da-magistratura)
described below:
Art. 8 The impartial magistrate is one who seeks in the evidence the truth of the facts,
with objectivity and foundation, maintaining throughout the process an equivalent
distance from the parties, and avoids any kind of behavior that may reflect favoritism,
predisposition or prejudice.
Art. 9 - The magistrate, in the performance of his activity, must grant the parties equal
treatment, without any kind of unjustified discrimination.
With the behavior of ex-judge Sergio Moro devoid of ethics and moral is demonstrated
that he acted based on the Machiavellian principle that the ends justify the means
against the ethics of the judiciary and the highest moral principles acting equal the
defendants punished by him that assaulted the public coffers to the detriment of the
Brazilian population. By acting illegally in Operation Lava Jato, Sérgio Moro may to

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put in check the judgments made that are characterized by the partiality practiced by
him. Sérgio Moro did not follow the teachings of the great Brazilian jurist, Ruy
Barbosa, who affirmed that "justice, blind to one side, is no longer justice. It must be
seen equally to the right and to the left "and that" there is nothing more relevant to
social life than the formation of the feeling of justice. Moreover, Sérgio Moro did not
adopt one of the great commandments of Ruy Barbosa based on the phrase lapidar:
"With the law, by the law and within the law; for out of the law there is no salvation".
* Fernando Alcoforado, 79, awarded the medal of Engineering Merit of the CONFEA / CREA System,
member of the Bahia Academy of Education, engineer and doctor in Territorial Planning and Regional
Development by the University of Barcelona, university professor and consultant in the areas of
strategic planning, business planning, regional planning and planning of energy systems, is the author of
14 books addressing issues such as Globalization and Development, Brazilian Economy, Global Warming
and Climate Change, The Factors that Condition Economic and Social Development, Energy in the world
and The Great Scientific, Economic, and Social Revolutions that Changed the World.