The Rede Sustentabilidade and PDT parties went to the Federal Supreme Court (STF) to try to annul the pardon of federal deputy Daniel Silveira, decreed by President Jair Bolsonaro this Thursday (21).
Senator Renan Calheiros (MDB-AL), majority leader in the Senate, also appealed to the STF through a Constitutional Complaint, which calls for the suspension of Bolsonaro’s decree “to avoid irreparable damage”.
The Arguments for Noncompliance with a Fundamental Precept (ADPF), filed by Rede and PDT, ask the STF plenary to vote on an injunction that suspends the presidential decree that pardoned the Bolsonaro deputy, sentenced this Wednesday (20) to 8 years and 9 months in prison in a closed regime for attacks on ministers of the Court.
If the STF does not completely annul the decree, the action still asks that, at the very least, “the maintenance of all the extra-penal effects of the conviction” be recognized beyond imprisonment – “especially to maintain the deputy’s ineligibility condition”.
The ADPF still requires a series of hearings: from President Jair Bolsonaro, the Attorney General’s Office (AGU) and the Attorney General’s Office (PGR). The PSOL has already filed a Draft Legislative Decree (PDL), in the Chamber of Deputies, to stop Bolsonaro’s act.
Ministers of the STF heard in a reserved character by the CNN affirm that the Court’s answer will come in the case file in an institutional and unison manner.
The assessment is that any speech, out of context and individualized, can be distorted and used in the electoral campaign to ignite the attack on institutions and members of the Supreme Court.
The Network’s request was filed by the party’s lawyer Flávia Calado Pereira. The ADPF is an action that is proposed to the STF with the objective of avoiding or repairing damage to a fundamental precept resulting from an act of public power, according to the legislative glossary of the Senate.
Senator Randolfe Rodrigues (Rede) posted on Twitter that, in addition to the ADPF, a Draft Legislative Decree (PDL) has already been filed in the Senate “to stop this absurdity, the result of the criminal rage of this government”.
In Renan’s request to the STF, the senator asks the Court to accept the Constitutional Complaint and order the suspension of Bolsonaro’s decree, request information from the president through the AGU and summon the Public Ministry.
To the policy analyst at CNN Basília Rodrigues, the Attorney General of the Republic, Augusto Aras, said that he will comment on Bolsonaro’s act at the appropriate time.
At first, the prosecutor’s office is waiting to be called by the STF to express its opinion on the requests that political parties have begun to present to the court to overturn Bolsonaro’s decision.
OAB follows case “with concern”
The Brazilian Bar Association (OAB) stated, through a note, that it will evaluate the president’s decree. The entity informed that “it follows attentively and with concern the latest facts involving the relationship between the Presidency of the Republic and the Federal Supreme Court.”
Bolsonaro’s act will be analyzed by the National Commission for Constitutional Studies, of the OAB, “with the urgency that the case requires”.
“As soon as it is concluded, the opinion of the Commission will be immediately submitted for deliberation by the plenary of the OAB, the highest deliberation body of the institution, in an extraordinary session”, says Beto Simonetti, national president of the entity, in a note.
“The failure to comply with judicial decisions is extremely worrying for the stability of the rule of law. Institutional dialogue and respect for the principle of separation between the Powers should guide the confrontation of challenges such as the one presented”, completes the note.
In the last few hours, political authorities have passed on the pardon granted by the president to the Bolsonar deputy. STF ministers told the CNN that the Court can suspend Bolsonaro’s act.
Government base defends pardon granted to Silveira
Parliamentarians from the governing base expressed themselves in favor of pardoning the Bolsonar deputy.
On social media, Senator Marcio Bittar (União Brasil-AC) congratulated the president “for defending the Constitution and democratic freedom”. “By granting pardon to deputy Daniel Silveira, the president balances the scales of justice!”
Senator Marcos Rogério (PL-RO) stated that the presidents’ decree is “extremely correct” and that the STF “ignored the constitutional guarantee of parliamentary immunity.”
Also a supporter of Bolsonaro, Senator Marcos do Val (Podes-ES) stated on social media that Bolsonaro’s decree “has just entered the history of our democracy”.
Source: CNN Brasil
