Former federal deputy Daniel Silveira (PTB-RJ).| Photo: Vinicius Loures/Chamber of Deputies

The Federal Supreme Court (STF) concluded this Wednesday (10) the judgment on the pardon granted by former President Jair Bolsonaro (PL) to former deputy Daniel Silveira (PTB-RJ). By 8 votes to 2, the Court considered Bolsonaro’s decree unconstitutional. The president of the STF, Minister Rosa Weber, rapporteur of the case, pointed out “deviation of purpose” in the initiative.

Last week, the Supreme Court had already formed a majority against the grace granted to the former parliamentarian. Only ministers André Mendonça and Kassio Nunes Marques disagreed. Ministers Gilmar Mendes and Luiz Fux were the last to vote in this afternoon’s session. “I understand that a crime against the Democratic State of Law is a political crime and cannot be subject to amnesty, since the Democratic State of Law is an ironclad clause”, said Fux.

The ministers Alexandre de Moraes, Edson Fachin, Luís Roberto Barroso, Dias Toffoli and Cármen Lúcia, in addition to Mendes and Fux, followed the understanding of the rapporteur. “The President of the Republic, using the competence attributed to him by the Federal Constitution, that is, apparently acting in accordance with the rules of the constitutional game, edited a decree of individual pardon absolutely disconnected from the public interest”, said Rosa Weber when casting the vote.

The Supreme judged actions presented by Rede, PDT, Cidadania and Psol, which questioned the legality of the individual pardon decree. 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.