Former STF minister says that presidential grace to deputy would require a res judicata, after the final word of justice
The lawyer and former minister of the Federal Supreme Court (STF) José Paulo Sepúlveda Pertence told the Power 360 that the granting of constitutional grace to the federal deputy Daniel Silveira (PTB-RJ) on Thursday (21.Apr.2022) could only have been made after the case became final.
This term applies to situations in which there is no longer any possibility of appeal to the court decision. This is not the case with Silveira’s conviction by the STF on April 20.
Belongs, 84 years old, was Attorney General of the Republic from 1985 to 1989 and Minister of the STF from 1989 to 2007. He presided over the Court from 1995 to 2007.
The presidential pardon, according to Pertence, does not require a res judicata. “For grace it is necessary, because it has an individual character”, he stated.
“Pardon and the presidential act of grace are different institutes. Grace is an individual measure while the pardon is a collective measure that has become almost routine in Brazil, starting with the Christmas pardons, which affect an indeterminate crowd of people, convicts“, he said.
Watch the interview (13min26s):
Pertence said the presidential decision to abolish someone’s sentence is usually made in situations with wide repercussions to reduce political disputes. He cited as an example the amnesty that benefited communist leader Luiz Carlos Prestes in 1945.
The former minister said that the grace granted by Bolsonaro can be criticized for 2 aspects: not having waited for a res judicata and having benefited a political ally. “[Isso] compromises the diffuse constitutional principle of impersonality”, said Belongs.
He said that the STF will be able to analyze Bolsonaro’s decision as soon as possible. “like any presidential act”. I didn’t want to make a prediction about it. He stated that the fact of being a former minister “imposes a certain modesty”.
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