Brazilian President Jair Bolsonaro has engaged in a new showdown with the judiciary by pardoning Thursday evening a deputy sentenced the day before to prison by the Supreme Court for undemocratic remarks.
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Published in a decree in the Official Journal, this presidential pardon granted to a deputy close to the head of state caused an outcry, the opposition crying out for "
institutional rupture
".
The Rede party (center left) presented Friday an appeal to the Supreme Court demanding the cancellation of this decree, which it considers "
unconstitutional
".
“Essential pillar” of society
Thursday evening, in his weekly live on Facebook, the far-right president explained that he had granted his pardon "
in the name of freedom of expression, an essential pillar of our society
".
Former police officer, Daniel Silveira, 39, was arrested in February 2021 after posting a video full of insults against the judges of the Supreme Court, whom he wished in particular to be "
beaten in the street
".
In this same video, he also praised the military dictatorship (1964-1985), of which President Bolsonaro is also a fervent admirer, declaring that the magistrates of the highest court in the country "
are useless
" and "
should be impeached
".
A month ago, Daniel Silveira had barricaded himself in his office in Parliament and had even slept there to try to escape the installation of an electronic bracelet, before resolving to accept this measure imposed by the Supreme Court in awaiting his judgment.
Rare presidential pardon
This judgment took place on Wednesday evening and the magistrates, by a large majority of 10 votes against 1, sentenced the deputy to 8 years and 9 months in prison and ordered the cancellation of his mandate, while inflicting on him eight years in prison. ineligibility.
“
The Constitution does not allow freedom of expression to be used as a shield for hate speech and attacks on institutions
,” Judge Alexandre de Moraes said in his vote.
Brazilian political commentators have pointed out that the presidential pardon granted by Jair Bolsonaro on an individual basis for a freshly convicted person is extremely rare since the entry into force of the 1988 Constitution.
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It is usually granted collectively, at Christmas time, to prisoners at the end of their sentence.
Shortly after his election, in 2018, Jair Bolsonaro had also assured on Twitter that he would put an end to this practice.
The Brazilian president, who intends to run for a new term in the October election, has a stormy relationship with the Supreme Court, which has opened several investigations against him, in particular for disseminating false information.
