RIO DE JANEIRO, BRAZIL – Brazil’s Office of the Attorney General of the Union (AGU) sent on May 10 to the Federal Supreme Court (STF) manifestation favorable to the decree of President Jair Bolsonaro that granted constitutional pardon to the sentence of Congressman Daniel Silveira (PTB-RJ).
For the AGU, the decree was made within the constitutional prerogatives of the president of the Republic.
“Given the above, considering that the presidential decree of April 21, 2022, observed all the parameters imposed on it by the original constituent power, not dealing with crimes prohibited by the Constitution, it is understood that such an act is not unconstitutional, with no violation of fundamental rights,” says the opinion.
The decree was issued one day after the Supreme Court sentenced the congressman to eight years and nine months in prison for the crimes of attempting to prevent the free exercise of power and coercion in the course of proceedings.
With the conviction, Silveira also suffered the loss of his mandate and the suspension of his political rights after the end of the appeals, penalties that may make him temporarily ineligible. The deputy will also have to pay a fine of around R$200,000 (US$39,000) for the conviction.
The sentences are not being enforced despite the conviction because they can still be appealed.
The AGU’s manifestation was sent to the STF to instruct actions of unconstitutionality filed by parties against the decree.
With information from Agência Brasil