Brazilian Supreme Court annuls pardon given by Bolsonaro to former deputy – World

The Federal Supreme Court (STF) of Brazil annulled the pardon that former president Jair Bolsonaro granted to former deputy Daniel Silveira, sentenced to prison for threats and incitement to violence against judges.

REUTERS/Adriano Machado

After a week of discussion, the decision was taken at a STF session held on Thursday, in which six judges voted to nullify the pardon, with the two judges appointed by Bolsonaro voting in favor of maintaining the pardon. The annulment of the pardon will be formalized on Wednesday, when the remaining two STF judges, Luiz Fux and Gilmar Mendes, present their votes.

The six judges decided that the pardon was granted “by way of nullity”.

In his vote, Judge Alexandre de Moraes said that Bolsonaro’s decision “affronted the separation of powers, as its sole objective was to attack a decision by the judiciary”, based on an “electoral policy”.

Judge Luís Roberto Barroso recalled that the pardon was granted the day after Silveira’s conviction, “even before the publication of the sentence”.

“The president judged the merits of the Supreme Court’s decision, disagreed with it and set himself up as a judge of judges,” he wrote.

Judge Dias Toffoli argued that Silveira’s crimes, “with direct attacks on the Supreme Court, were an embryo” of the invasion of the presidential headquarters, Congress and the STF by Bolsonaro supporters on January 8.

Silveira was arrested in 2021 for threatening STF judges and attacking judicial institutions, having been sentenced to eight years in prison for threats and incitement to violence against judges.

After granting Silveira a pardon, Bolsonaro chose the then-deputy to join five commissions of the Chamber of Deputies, the lower chamber of the Brazilian parliament, including the Constitution and Justice.

The representative of the ultra-conservative Brazilian Labor Party (PTB) was removed in 2022, with the court imposing precautionary measures, including house arrest.

Silveira has been detained since February for violating the measures, after damaging the electronic bracelet, again attacking Brazil’s democratic institutions and questioning the electoral process that led to the return of Luiz Inácio Lula da Silva to the presidency.

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