STF forms majority to overturn Daniel Silveira’s pardon

The majority of the ministers of the Federal Supreme Court (STF) decided today (4) to overturn the validity of the constitutional pardon granted by former president Jair Bolsonaro to then federal deputy Daniel Silveira. So far, six of the ten ministers understood that there was a misuse of purpose to benefit the former deputy. There are two votes for maintaining the pardon. The majority followed the vote given yesterday (3) by the President of the Court and rapporteur for the cases, Minister Rosa Weber, to annul the benefit. In addition to the minister, the understanding was followed by ministers Alexandre de Moraes, Edson Fachin, Luís Roberto Barroso, Dias Toffoli and Cármen Lúcia. In his vote, Barroso refuted accusations that Silveira’s conviction was disproportionate. For the minister, the conduct of the former parliamentarian does not fit into freedom of expression. “We cannot confuse freedom of expression with incitement to crime and calls for physical invasion of institutions’ buildings and for physical aggression against their members. We cannot condone this type of behavior,” he said. At the beginning of today’s session, ministers André Mendonça and Nunes Marques voted to validate the pardon. For ministers, the Constitution granted the President of the Republic the power to grant constitutional grace to convicts, a measure that cannot be reviewed by the Judiciary. Understand In May last year, Bolsonaro signed a decree pardoning former federal deputy Daniel Silveira (PTB-RJ), who had been sentenced by the Supreme to 8 years and 9 months in prison for the crimes of trying to prevent the free exercise of powers and coercion in the course of the process to which he responds for attacks on the Court. Bolsonaro supporter, Silveira was part of the ex-president’s base in the Chamber of Deputies. The pardon decree was issued on April 21, the day after the congressman was sentenced. In February, after leaving office, Silveira was arrested for failing to comply with house arrest rules and making new attacks on the Supreme Court.

Agência Brasil