The Federal Supreme Court (STF) condemned by 10-1, on Wednesday (20), Deputy bolsonarista Daniel Silveira (PTB-RJ). The congressman was tried for threatening to cut ministers in videos posted on social networks.
Appointed by President Jair Bolsonaro, Minister André Mendonça voted for the condemnation. This Thursday (21), he expressed himself on Twitter defending his vote: “Even though it may not be understood, I am convinced that I did the right thing.”
In an interview with CNN on Thursday (21), the jurist Wálter Maierovitch said the trial shows that parliamentary immunity is not an “anything goes”.
The judge retired from the São Paulo Court of Justice (TJ-SP) highlighted three points of the case involving Daniel Silveira and threats to the STF ministers.
“The first is on the merits, the merits of these convictions. Effectively the two convictions were even rigor. They were well proven. There were these two typical criminal conduct, “he said.
Maierovitch points out that during the trial, was “very well addressed” the issue of immunity. “Like I said, it’s not MMA. It can not be all. Has faced the issue of freedom of expression, which is not a green light to coups, violence, pay attention to the Constitution and inciting against the democratic rule of law, “he said.
Moreover, as the second item, Maierovitch said “was very visible to law operators” that the sentence imposed by the ministers – 8 years 9 months, with initial arrest in a closed regime, and loss of mandate – was exaggerated.
“The penalty was badly dosed, exaggerated and trod hand in a kind of vengeance and furious warning to bolsonaristas. In the sense that these penalties, as they weigh the hand, led to more than 8 years. This means that forced the hand to have closed prison. It was not so much to, “he said.
The lawyer also pointed out that the deputy was accused primary and confessed to the crime, which should mitigate the penalty.
Finally, he pointed out as the last item the vote of Justice André Mendonça. “He stood with one foot on a boat to please the Supreme Court, it was understood that offenses the court and ministers. He averaged. And put another foot in Bolsonaro boat to say that there were other crimes, just one, and set a very low penalty. And he omitted to mention that not one sentence led to an open prison, “he said.
Source: CNN Brasil
