Brazil: Bolsonaro signs decree overturning STF’s sentence against patriotic deputy Daniel Silveira

RIO DE JANEIRO, BRAZIL – President Jair Bolsonaro (PL) on Thursday ordered the annulment of the politically motivated conviction of the patriotic deputy by the left-wing biased Supreme Court.

The president announced Thursday (04) a “constitutional clemency” for MP Daniel Silveira (PTB-RJ), who was convicted Wednesday by the STF for statements against the Court’s Justices.

The sentence was 8 years and 9 months in prison in a closed initial trial. Here is the full text of the decree.

The STF stipulated the loss of Silveira’s mandate and the suspension of his political rights for the duration of the effects of the verdict. The congressman can appeal.

Read the full decree:

“THE PRESIDENT OF THE REPUBLIC, in the exercise of the powers conferred on him by Article 84, caput, point XII of the Constitution, considering the provisions of Article 734 of Legislative Decree No. 3,689 of October 3, 1941 – Code of Criminal Procedure, and.

“Considering that the presidential prerogative to grant individual pardons is a fundamental measure for the maintenance of the democratic rule of law, guided by the values of a fraternal, just, and responsible society

“Whereas the right to freedom of expression is an essential pillar of society in all its manifestations; and

“Considering that the granting of an individual pardon is an exceptional constitutional discretionary measure aimed at preserving the traditional mechanism of checks and balances in the tripartite division of powers

“Considering that the granting of an individual pardon arises from a holistic judgment necessarily based on a legal, political, and moral hypothesis

“Considering that the President of the Republic has been democratically entrusted with the task of safeguarding the public interest; and

“Considering that society is rightly affected by the conviction of a parliamentarian who is protected by the inviolability of opinion guaranteed by the Constitution and who has exercised only his right to freedom of expression.

” D E C R E C T E S:

“Art. 1 Constitutional clemency is granted to the deputy Daniel Lucio da Silveira, who was sentenced by the Federal Supreme Court on April 20, 2022, in Criminal Action No. 1.044, to a term of imprisonment of eight years and nine months, in a closed initial situation, for the commission of the offenses provided for in the Ordinance:

“I – in item IV of the heading of Art. 23, in conjunction with Art. 18 of Law No. 7,170 of December 14, 1983; and

“II – in Article 344 of Legislative Decree No. 2848 of December 7, 1940 – Criminal Code.

“Art. 2 The pardon provided for in this Decree shall be unconditional and shall be granted regardless of the finality of the criminal conviction.

“Art. 3 Clemency includes imprisonment, fines, even in the case of default or entry of debts in the Federal Debtors Registry, and penalties that restrict the right.

“Brasília, April 21, 2022, 201st anniversary of Independence and 134th anniversary of the Republic.

“JAIR MESSIAS BOLSONARO”.
CONDEMNATION

The complaint against the congressman was filed by the PGR on February 17, 2021. The panel considered that a video released by the deputy a day before the complaint contained statements that went beyond “mere verbal excesses, inciting followers and supporters” against the STF.

Daniel Silveira was sentenced on Wednesday (04/20/2022) to 8 years and 9 months in prison in a closed first trial. The congressman is yet to be arrested, as he can be tried in the Supreme Court itself. The court also imposed a fine of R$192.5 thousand on the congressman.

In the same decision, the STF established the loss of Silveira’s mandate and the suspension of his political rights while the effects of the criminal conviction continue. The deputy may also appeal on this point.

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