Rosa Weber votes to overturn Bolsonaro’s pardon for Silveira

The President of the Federal Supreme Court (STF), Minister Rosa Weber, voted this Wednesday (3) for the unconstitutionality of the pardon granted by former President Jair Bolsonaro (PL) to former federal deputy Daniel Silveira (PTB-RJ). The minister, who is the case’s rapporteur, understood that there was a “deviation of purpose” in Bolsonaro’s initiative to “benefit a political ally of the first hour, legitimately condemned” by the Court.

The Supreme judges actions presented by Rede, PDT, Cidadania and Psol, which question the legality of the individual pardon decree. “In the case under analysis, with all due respect to the contrary understandings, for me there is all the evidence, the deviation of purpose is present. The President of the Republic, using the competence attributed to him by the Federal Constitution, that is, acting apparently in conformity with the rules of the constitutional game edited decree of individual pardon absolutely disconnected from the public interest”, said the minister when casting the vote.

“The truth is that the desired end with the issuance of the pardon decree was to benefit a first-time political ally, legitimately criminally convicted by this Federal Supreme Court”, he pointed out. For the rapporteur, Bolsonaro by issuing the pardon “subverted the rule and violated constitutional principles, producing an act with inadmissible effects for the legal order”.

In April 2022, Silveira was sentenced by the STF to 8 years and 9 months in prison, in a closed regime, for attempting to violently abolish the Democratic State of Law and coercion in the course of the process. A day after the conviction, Bolsonaro granted the grace to the former parliamentarian.

“The granting of forgiveness to a political ally for the simple and simple bond of political-ideological affinity is not compatible with the guiding principles of public administration, such as impersonality and administrative morality. Such a procedure actually reveals an authoritarian and disobedient facet of the Federal Constitution, Weber pointed out.

The minister considered that the pardon is a kind of government administrative act and, therefore, subject to external control by the Judiciary. “All acts of the public power, regardless of who edits or practices them, are subject to inspection and evaluation as to legality and constitutionality by the competent bodies, according to the Federal Constitution”, emphasized the rapporteur.

The trial began last week, with demonstrations by both parties and the Attorney General of the Republic, Augusto Aras, who defended Bolsonaro’s act. The PGR considered that sovereign clemency is a political act by the President of the Republic and must be preserved. So far, only the rapporteur has cast her vote. The session was suspended this afternoon and will resume this Thursday (4).