The Attorney General’s Office (PGR) sent a statement to the Federal Supreme Court (STF) advocating that Daniel Silveira’s (PTB-RJ) punishment be extinguished and that all precautionary measures retroactive to the date of publication of the decree be revoked. of constitutional grace granted by President Jair Bolsonaro (PL).
On May 31, Minister Alexandre de Moraes gave the PGR 15 days to express its opinion on the request to revoke the precautionary measures and fines imposed on the deputy. According to the Prosecutor’s Office, the parliamentarian has decreed several precautionary measures in progress against him and some of them have lasted since the beginning of the criminal prosecution.
“It turns out that precautionary measures cannot last indefinitely, finding a maximum duration limit in the final and unappealable decision. Thus, at the current stage of the present criminal proceeding, such precautionary measures must be revoked, by virtue of provisional status,” he said.
In addition, the fines imposed on the parliamentarian reach almost R$ 1 million, which considerably exceeds the penalty itself.
“The high severity and intensity of this precautionary measure violates the principle of proportionality, as it constitutes an excess in the restriction of the fundamental rights of the condemned, not being in balance with the interest of the effectiveness of the process, which demands to be revoked”, added the PGR.
The federal deputy was convicted by the Federal Supreme Court in April of attacks on the Court and democracy. Shortly after the STF decision, however, Silveira received a pardon from Bolsonaro, through a decree of “constitutional grace”.
Source: CNN Brasil