For president of the Senate, political motivation of Bolsonaro’s decree does not invalidate power to grant grace
The President of the Senate and National Congress, Rodrigo Pacheco (PSD-MG), said this Thursday (21.Apr.2022) that the Legislature does not have the power to overturn the decree of the president Jair Bolsonaro (PL) which pardoned the deputy Daniel Silveira (PTB-RJ).
In the senator’s assessment, the granting of grace or pardon is the prerogative of the President of the Republic and, “right or wrong, expression of impunity or not“, this “constitutional command” must be noted.
After Bolsonaro signed the decree, several congressmen and political leaders opposed to the federal government announced that they would file lawsuits in the Federal Supreme Court (STF) and a draft legislative decree in Congress to seek its annulment.
For Pacheco, it would only be possible for the Legislature to overturn Bolsonaro’s commands in the case of “normative acts that exceed the power to regulate or to legislate by delegation”.
“In the specific case [de Daniel Silveira]the possible political-personal motivation for the enactment of the benefit, although it may weaken the Criminal Justice and its institutions, is not capable of invalidating the act that stems from the discretionary constitutional power of the Chief Executive”, said Pacheco in a press release.
Penalty and loss of rights
On Wednesday (April 20), the plenary of the STF (Federal Supreme Court) sentenced Silveira to 8 years and 9 months in prison, in an initial closed regime, for statements against the ministers of the Court.
It also imposed a fine of R$ 192,500, ordered the loss of office and the suspension of his political rights while the effects of the criminal conviction lasted.
On this 5th, Bolsonaro signed a decree granting “constitutional grace” to the deputy. Here’s the intact of the order (522 KB).
Also according to the president of Congress, Silveira had recognized crimes and the decree of grace does not mean his acquittal. “Its punishment will be extinguished, without the application of prison sentences and fines, maintaining the ineligibility and other civil effects of the conviction.”, he stated.
Pacheco’s demonstration echoes, at least in part, an excerpt from Bolsonaro’s decree according to which the “individual pardon” is “exceptional discretionary constitutional measure aimed at maintaining the traditional mechanism of checks and balances in the tripartition of powers”.
For the senator, despite the fact that, in his view, Congress cannot overturn Silveira’s pardon, there is a possibility that the Legislature may propose changes in the Constitution and in the legislation on the granting of grace and pardon, “even so that impunity is not promoted”.
“Finally, I reaffirm my absolute repudiation of acts that violate the rule of law, that intimidate institutions and degrade the Federal Constitution. The struggle for Democracy and its preservation will continue to be a constant in the Federal Senate”, concludes Pacheco.
He is in Portugal at the invitation of the country’s government as part of the ceremonies for the bicentennial of the Independence of Brazil.
Read the full note released by the President of Congress at 10:13 pm this Thursday:
“There is a prerogative of the President of the Republic provided for in the Federal Constitution to grant grace and pardon to anyone convicted of a crime. Right or wrong, expression of impunity or not, this is the constitutional command that must be observed.
“In the specific case, the possible political-personal motivation for the enactment of the benefit, although it may weaken the Criminal Justice and its institutions, is not capable of invalidating the act that derives from the discretionary constitutional power of the Chief Executive.
“The convict had crimes recognized and the decree of grace does not mean his acquittal, but only the extinction of punishment.
“It is also not possible for Parliament to suspend the presidential decree, which is only allowed in relation to normative acts that exceed the power to regulate or legislate by delegation.
“But after this unusual precedent, the Legislature will be able to evaluate and propose constitutional and legal improvements for such penal institutes, even so that impunity is not promoted.
“Finally, I reaffirm my absolute repudiation of acts that violate the rule of law, that intimidate institutions and demean the Federal Constitution. The struggle for Democracy and its preservation will continue to be a constant in the Federal Senate.
“Rodrigo Pacheco – President of the National Congress”.
Read reports from Power 360 on constitutional grace:
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