MP asks for Maria do Rosário’s action against Bolsonaro to be archived

In a statement sent this Friday (21), the Public Prosecutor’s Office of the Federal District (MP-DF) asked the Justice to dismiss an action in which former President Jair Bolsonaro (PL) is accused of insulting Federal Deputy Maria do Rosário (PT-RS).

In 2014, Bolsonaro was a federal deputy and said that the petista did not deserve to be raped because he considered her “very ugly” and because she “does not fit” his “type”. The former president’s statement, then deputy, came after the parliamentarian called him a rapist. At the time, Bolsonaro said that the statement was a “reflex act” and that society needs to be informed about the truth of the facts.

Prosecutor Ana Paula Marimon Reis said the case has already expired. This means that she has expired the deadline for Bolsonaro to respond in court. “From the accurate analysis of the records, it is noted that it is no longer possible to exercise the jus puniendi [direito de punir] on the part of the State, given the prescription of the punitive claim in the abstract”, stated the prosecutor. The information was published by websites g1 It is CNN.

The case is pending at the Court of Justice of the Federal District and Territories (TJ-DFT). As Bolsonaro lost the privileged forum, the action was sent to the first instance in June this year, by decision of Minister Dias Toffoli, of the Federal Supreme Court (STF).

The Attorney General’s Office (PGR) had manifested itself in April by the STF’s decline in competence and referral to the TJ-DFT.

On the other hand, Toffoli said that procedures are still pending, such as Bolsonaro’s interrogation, “the possible request for due diligence and the publication of the order summoning the parties to offer final allegations, as pointed out by the Attorney General’s Office”.

Bolsonaro vs Maria do Rosario

Bolsonaro was convicted of moral damages in a civil action in the first instance in 2015. Two years later, the Superior Court of Justice (STJ) upheld the decision. The defense then appealed to the Federal Supreme Court (STF).

In February 2019, then STF Minister Marco Aurélio de Mello denied the appeal based on Bolsonaro’s parliamentary immunity. The STJ has already rejected this thesis. Because of this, the retired Army captain had to apologize publicly.

“Due to the judicial termination, I come to publicly apologize for my past speeches addressed to Federal Deputy Maria do Rosário Nunes. In that episode, in the heat of the moment, in an ideological clash between parliamentarians, specifically with regard to human rights policy, I recalled the fact that occurred in 2003, in which, after being unfairly offended by the congresswoman in question, who insulted me, calling me a rapist, I retorted by stating that she ‘did not deserve to be raped'”, wrote Bolsonaro .