First modification:
The pardon, granted to a far-right deputy, was granted 24 hours after the same Court sentenced him to eight years and nine months in prison. Judge Rosa Weber, responsible for analyzing the constitutionality of the pardon, extended the request for justifications to President Jair Bolsonaro. The fact represents a new confrontation between the Brazilian head of state and the justice system of his country.
The Supreme Federal Court (STF) of Brazil requests explanations for the controversial pardon of President Jair Bolsonaro to the far-right deputy Daniel Silveira, sentenced to eight years and nine months in prison and pardoned by the president just 24 hours later.
Judge Rosa Weber led the request for justifications, which was joined by Judge Alexandre de Moraes, who extended the request to the legislator’s defense, while urging her to explain why an electronic anklet that Silveira must use for court order.
Accusations of interfering with the “free exercise” of the government and threats to the nation’s judicial authorities were enough for the STF to sentence Silveira, politically linked to Bolsonaro, to almost nine years in prison.
With a verdict of ten to one, the STF sentenced Silveira, a former police officer from Rio de Janeiro, last Wednesday for questioning the integrity of several members of the high court and urging his supporters to invade the Court. The deputy also stated that an anti-democratic decree in force during the military dictatorship (1964-1985) should be reinstated, which was interpreted as an apology for that de facto regime.
The sentence was released in the context of investigations into the spread of false news and threats to politicians and judges on social networks, in which many supporters of the president are being targeted.
#NoticiaSTF or min. Alexandre de Moraes determined that he defended his dep. Daniel Silveira manifests himself within 48 hours about non-compliance with precautionary measures imposed by the STF, such as irregularities in the electronic lathe, attendance at events and granting of interviews. (1/3)
— STF (@STF_oficial) April 26, 2022
But even before the opinion against Silveira was published, the presidential pardon arrived. Bolsonaro justified the commutation to his ally by claiming to defend freedom of expression and parliamentary immunity, which has generated great controversy.
Although the Brazilian Constitution reserves the possibility of granting the pardon to the president, doubts weigh on the implementation of the pardon before the sentence was published and about the possible political motivation of the decision.
Mixed reactions on the pardon
The ‘Rede Sustentabilidade’ (Sustainability Network) party argued that the pardon violates the constitution because it serves Bolsonaro’s personal interest and not the public interest.
Deputy Joenia Wapichana, affiliated with that organization, described what happened as “absurd and authoritarian.”
https://t.co/kpYqpBu8Fq
Absurd and authoritarian, is it facing the decision of the STF, or what else is missing? Já broke all the rules and limits, unacceptable.— Joenia Wapichana (@JoeniaWapichana) April 22, 2022
Among others, the Democratic Labor Party and the leftist Socialism and Freedom Party also joined in the criticism.
Meanwhile, the former president of the Supreme Court, Carlos Ayres Britto, pointed out that the Magna Carta does not allow pardoning attacks on democracy.
Lawyer Belisario dos Santos Junior, former secretary of Justice and Defense of the city of Sao Paulo, stressed that the Brazilian Constitution grants presidents the prerogative to pardon people, even if they may be highly controversial, and gave as an example the pardon of Richard Nixon in 1974 by US President Gerald Ford, in the context of the ‘Watergate’ scandal.
However, he stressed that Jair Bolsonaro abused his power by pardoning a person who offends democracy and the Supreme Court in the way that Daniel Silveira has done.
Friction between Bolsonaro and Justice
According to news agencies, a source in the Court stated that several judges believe that they can oppose the pardon, but others prefer to avoid a new confrontation with President Jair Bolsonaro that revives tensions at the very beginning of the electoral process in the South American giant.
Bolsonaro is also in a verbal crossroads with the electoral judicial entity. The head of the Planalto Palace has cast doubt on the transparency of the electronic ballot boxes in which Brazilians vote since 1996.
However, the Superior Electoral Court (TSE) defends the clarity of the process. It states that, since its implementation, it has not been the subject of a single complaint of fraud.
The president has even suggested, without any proof, that within the TSE there are people who “conspire” to favor his main political rival in the next presidential elections, former president Luiz Inácio Lula da Silva, who is currently leading all the polls. ahead of the electoral process next October.
With Reuters and EFE
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