06/14/2024 – 20:21
The majority of ministers of the Federal Supreme Court (STF) voted this Friday (14) to make federal deputy André Janones (Avante-MG) a defendant for the crime of insulting former president Jair Bolsonaro.
The Court judges in a virtual plenary session a criminal complaint filed by Bolsonaro’s defense against posts made by Janones on social media.
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In a publication on March 31, 2023, Janones called Bolsonaro a “militiaman” and a “jewel thief”. On April 5, the parliamentarian referred to the former president as a “murderer who killed thousands in the pandemic”.
When analyzing the case, Minister Cármen Lucia, rapporteur of the case, understood that Janones’ statements cannot be considered as parliamentary immunity. By Article 53 of the Constitution, parliamentarians are inviolable civilly and criminally for any of their opinions, words and votes.
“The statements made by the defendant and considered offensive by the plaintiff were not made due to the exercise of the parliamentary mandate, nor are they relevant to it”, wrote the minister.
Cármen Lúcia’s vote was followed by ministers Alexandre de Moraes, Edson Fachin, Flávio Dino, Gilmar Mendes, Nunes Marques and Luís Roberto Barroso.
Ministers Cristiano Zanin, Dias Toffoli and André Mendonça voted to reject the criminal complaint as they understood that Janones’ statements were covered by parliamentary immunity.
For Mendonça, it is up to Congress to analyze Janones’ possible breach of decorum.
“The removal of immunity requires that the parliamentarian’s speeches have absolutely no connection with his mandate and that, furthermore, they were not given because of it”, stated Mendonça.
Defense
In the defense presented in the case, Janones’ lawyers defended the rejection of the criminal complaint and stated that the deputy’s statements were only intended to criticize and ironize, and were not offensive conduct. Furthermore, the defense claimed that the statements were covered by parliamentary immunity.
“Certainly the statements made by the defendant related to the terms jewel thief, little jewel thief and fugitive bandit correspond exactly to all these events involving the plaintiff, in an extremely joking tone, with the intention of criticizing the illicit conduct carried out by the former president of the Republic ”, stated the defense.
A Brazil Agency contacted Janones’ office and is awaiting a response.
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