Magistrate said that actions in the STF question the same issue; proceeding in the Federal Court of Rio de Janeiro
The substitute judge Carlos Ferreira de Aguiar, of the 12th Federal Court of Rio de Janeiro, extinguished a popular action that asked for the annulment of the pardon decree of the president Jair Bolsonaro (PL) to the deputy Daniel Silveira (PTB-RJ).
The magistrate decided to close the case without analyzing the merits of the matter, as there are already cases on the same subject in the STF (Supreme Federal Court). read the intact of the decision (406 KB), published late this Monday afternoon (May 2, 2022). The action was filed by lawyers André Luiz Figueira Cardoso and Rodolfo Roberto Prado, asking for the annulment of the pardon decree.
Silveira was sentenced on April 20 by the STF to 8 years and 9 months in prison for verbally assaulting ministers of the Court and for trying to prevent the free exercise of powers. The next day, the politician received Bolsonaro’s constitutional grace. Pardon means that the deputy does not need to serve time.
In the now-defunct process, the AGU (Advocacia Geral da União) had manifested itself saying that another Power cannot review the pardon. According to the agency, the “interference” of the Judiciary on the merits of Bolsonaro’s decision to pardon Silveira “it would ultimately represent the denaturing of the pardon institute and a clear attack on the harmony and independence between the Powers”.
In his sentence, Aguiar said that, for different cases with the same theme, the jurisprudence points to the meeting of the processes for joint processing, or the extinction of one of the actions. “The meeting of the present action with the actions proposed before the STF finds an obstacle in the absolute rule of competence provided for in the Federal Constitution”wrote.
“The suspension of the present action pending the decision of the STF has null practical effect, since the decision rendered in the ADPF will necessarily have binding effect”.
The ADPF that the judge mentioned is an action by Rede in the Supreme Court questioning Silveira’s pardon. The decisions that are made in your judgment will apply to all processes that question the pardon. There are also 3 other actions with the same subject in the STF, filed by PDT, Cidadania and Psol. The 4 processes are processed together.
Minister Rosa Weber, of the STF, gave President Bolsonaro 10 days to explain the pardon to the deputy. The deadline ends on Thursday (May 5th). Afterwards, the AGU (Advocacia Geral da União) and the PGR (Procuradoria Geral da República) have 5 days to respond. The case will be analyzed directly in the plenary of the Court, and there is still no date for the trial.
Understand
Bolsonaro’s pardon was given to Silveira after the deputy was sentenced by the STF to 8 years and 9 months in prison in a closed initial regime.
Silveira was denounced by the PGR (Attorney General’s Office) for verbal aggression against ministers of the Supreme Court, for trying to prevent the free exercise of powers and for inciting animosity between the Armed Forces and the STF.
In addition to the arrest, the Court ordered the loss of Silveira’s mandate and the suspension of her political rights while the effects of the conviction lasted.
The case refers to a video published by Silveira on February 16, 2021. In the publication, the deputy curses Supreme Court ministers. He also makes accusations against members of the Court, such as alleged receipt of money to make decisions.
The congressman was arrested by order of Minister Alexandre de Moraes, rapporteur of the case, on the same day the video was published. The arrest was revoked in November 2021.
The PGR considered that the video contains statements that go beyond “the mere verbal excess, as they stir up followers and supporters” against the Supreme Court.
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