President Jair Bolsonaro (PL) yesterday granted a pardon to congressman Daniel Silveira (PTB-RJ), sentenced by the Federal Supreme Court to 8 years and nine months in prison in an initial closed regime for verbally attacking and threatening the court justices.
The pardon extinguishes the penalty. To justify it, he mentioned freedom of expression, "an essential pillar of society," and supposed commotion at the conviction of his ally, by 10 votes to 1, the day before, when the Supreme Court still asked for the impeachment and fined the deputy. The defense says that Silveira's trial was political.
The congressman's conviction and the pardon are the latest in the clash between the Supreme Court and the president, who mobilized coup acts in September 2021 with the court as the main target.
Supreme Court Justices criticized the decision and told Folha that there will be judicial questioning - in theory, however, the pardon is an instrument shielded from the magistrates' resources. The presidential measure does not change Silveira's ineligibility.
Bolsonaro told members of the government that he will not give up the confrontation with the judiciary. Before that, congressional leader and ally of the Planalto Arthur Lira (PP-AL) claimed for the deputies the decision on the impeachment of the parliamentarian.
For professor of criminal law at USP Pierpaolo Cruz Bottini, although the president can grant this type of pardon, the benefit does not make sense in a system with separation of powers and can be reviewed by the Supreme Court.
Translated by Kiratiana Freelon