STF forms majority to overturn Bolsonaro pardon for Daniel Silveira

Policy

Former parliamentarian had been sentenced by the Supreme to 8 years and 9 months in prison, in a closed initial regime, for encouraging anti-democratic acts.

Brasilia DF) – The STF (Federal Supreme Court) formed a majority to overturn the pardon granted by former president Jair Bolsonaro (PL) to former federal deputy Daniel Silveira (PTB-RJ), this Thursday (4).

The former parliamentarian had been sentenced by the Supreme to 8 years and 9 months in prison, in a closed initial regime, in addition to the payment of a fine and loss of political rights, but he was benefited by the former president. He was accused of promoting attacks on court ministers and encouraging anti-democratic acts.

The president of the court, Rosa Weber, had voted this Wednesday (3) for the unconstitutionality of Bolsonaro’s decree that authorized the pardon. She is the rapporteur for four lawsuits filed by Rede, PDT, Cidadania and PSOL against the benefit.

Rosa stated that the former president edited an individual decree “absolutely disconnected from the public interest” and that its objective “was to benefit a political ally of the first hour legitimately convicted criminally by the STF”.

“The head of the federal executive branch, in so doing, despite apparently having competence to do so, subverted the rule and violated constitutional principles, producing an act with inadmissible effects for the legal order”, he said.

Ministers Alexandre de Moraes, Edson Fachin, Luís Roberto Barroso, Dias Toffoli and Cármen Lúcia followed the same understanding.

The two ministers appointed to the Supreme Court by Bolsonaro, Kassio Nunes Marques and André Mendonça, disagreed with Rosa and defended maintaining the pardon for Silveira.

The trial began last Thursday (27th), when the ministers of the STF heard the arguments of the parties, interested third parties and also the Attorney General of the Republic, Augusto Aras.

When manifesting himself, Aras opined for the legality of the pardon. He stated that the motivation for issuing pardons by the President of the Republic is political and not administrative, for this reason it cannot be said that there is a deviation in purpose.

He also compared the pardon with processes in which former US presidents Donald Trump and Bill Clinton granted pardons to people linked to them.

The former deputy was denounced by the PGR (Attorney General’s Office) on charges of threatening members of the court on social networks. He elected Minister Alexandre de Moraes, rapporteur for investigations that displease Bolsonarism, as a preferential target.

According to the prosecution’s accusation, Silveira defended, on two occasions, the use of violence and serious threat to try to prevent the free exercise of the Legislative and Judiciary and, at least once, instigated animosity between the Armed Forces and the STF.

When he edited the pardon decree, Bolsonaro said, broadcast on social media, that freedom of expression is “an essential pillar of society” and that society is in “legitimate commotion” because of the conviction. “The grace referred to in this decree is unconditional and will be granted regardless of the final and unappealable decision [da ação]”, he stated.

*With information from Folha de S.Paulo

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