The Attorney General’s Office (AGU) sent today (10) to the Federal Supreme Court (STF) a statement in favor of President Jair Bolsonaro’s decree that granted constitutional grace to the sentence of federal deputy Daniel Silveira (PTB-RJ). For the AGU, the decree was made within the constitutional prerogatives of the President of the Republic.
“In view of the foregoing, given 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, there being no violation of fundamental right”, says the opinion.
The decree was issued the day after the deputy was sentenced by the Supreme to eight years and nine months in prison for the crimes of attempting to prevent the free exercise of powers and coercion in the course of the process.
With the conviction, Silveira was also sentenced with the loss of the mandate and the suspension of political rights after the end of the appeals, penalties that can make the parliamentarian temporarily ineligible. The deputy must also pay about R$ 200 thousand in fine for the conviction.
Despite the conviction, the sentences are not being served because there is still an appeal.
The AGU’s statement was sent to the STF to instruct unconstitutionality actions filed by parties against the decree.
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