Brazil’s Supreme Court (STF) has annulled the pardon that former President Jair Bolsonaro granted to former Congressman Daniel Silveira, who was sentenced to prison for threatening and inciting violence against judges.
After a week of discussion, the decision was made in a session of the STF held on Thursday.
Six Justices voted to nullify the pardon, with the two Justices appointed by Bolsonaro voting to uphold the pardon.
The annulment of the pardon will be formalized on Wednesday when the remaining two STF Justices, Luiz Fux, and Gilmar Mendes, present their votes.
The six Justices ruled that the pardon was granted “with nullity deviation.”
In his vote, Justice Alexandre de Moraes said Bolsonaro’s decision “affronted the separation of powers, as it had the exclusive objective of attacking a decision of the judiciary” based on “electoral politics.”
Justice Luís Roberto Barroso recalled that the pardon was granted the day after Silveira’s conviction, “even before the sentence was published.”
“The president judged the merit of the Supreme Court’s decision, disagreed with it, and set himself up as the judge of the judges,” he wrote.
Justice Dias Toffoli argued that Silveira’s crimes, “with direct attacks on the Supreme Court, were an embryo” of the January 08 invasion of the presidential headquarters, Congress, and the STF by Bolsonaro supporters.
Silveira was arrested in 2021 for threatening STF judges and attacking judicial institutions and was sentenced to eight years for threats and incitement to violence against judges.
After granting Silveira a pardon, Bolsonaro chose the then-parliamentarian to serve on five Chamber committees, including Constitution and Justice.
The ultraconservative Brazilian Labor Party (PTB) representative was impeached in 2022, and the court imposed preventive measures, including house arrest.
Silveira has been detained since February for violating the measures after damaging his electronic bracelet, again attacking Brazil’s democratic institutions, and questioning the electoral process that led to the return of Luiz Inácio Lula da Silva to the presidency.
With information from Lusa