STF forms majority to overturn pardon granted by Bolsonaro to Daniel Silveira

The Federal Supreme Court (STF) formed a majority this Thursday (4) to consider unconstitutional the decree of individual pardon granted by former president Jair Bolsonaro (PL) to former federal deputy Daniel Silveira (PTB). So far, the score is 6 votes to 2.

The President of the Court, Minister Rosa Weber, rapporteur of the case, considered 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 ministers Alexandre de Moraes, Edson Fachin, Luís Roberto Barroso, Dias Toffoli and Cármen Lúcia accompanied the understanding of the rapporteur. Ministers André Mendonça and Nunes Marques disagreed. The case has already been debated in three sessions and should be finalized next Wednesday (10) with the votes of ministers Gilmar Mendes and Luiz Fux.

“We cannot confuse freedom of expression with incitement to crime and a call for physical invasion of institutions’ buildings and for physical aggression against their members. We cannot condone this type of behavior,” said Barroso when presenting his vote.

The Supreme judges actions presented by Rede, PDT, Cidadania and Psol, which question 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.

“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”, pointed out the rapporteur.

Mendonça and Nunes Marques vote to maintain Silveira’s pardon

Ministers André Mendonça and Nunes Marques voted to maintain the validity of the pardon granted by Bolsonaro to Silveira. Mendonça was the second to vote and opened the divergence. He understood that the Constitution gave the President of the Republic the prerogative to grant constitutional grace to convicted persons, informed the Brazil Agency. “Right or wrong, expression of impunity or not, this is the constitutional command that must be observed,” he said.

For Nunes Marques, the Constitution granted the President of the Republic the power to grant constitutional grace to convicts. “The presidential decree granting pardon to the accused is constitutional, which was not removed from the grounds presented in the action”, he said.