Unanimously, STF maintains prison for the heinous crime of Deputy Daniel Silveira | Politics

The arrest was determined on the night of Tuesday (16), after Silveira, investigated for participating in antidemocratic acts, published a video with hate speech in which she apologized for the AI-5 and attacked ministers of the Supreme Court and in which he apologizes. for AI -5, the hardest instrument of repression of the military dictatorship (read below).

At the trial, the ministers highlighted the legality of the arrest in the act and the nature of a heinous crime.

Even with the STF decision, the The imprisonment of a federal deputy must be controlled by the House.. The Speaker of the Chamber, Arthur Lira (PP-AL), has already been notified.

The deputy counselor affirms that the political content of the prison is “evident” and that the facts on which it was based “do not even constitute a crime, since they are protected by the inviolability of words, opinions and votes that the Constitution guarantees to deputies and senators federal ”.

Silveira was arrested Tuesday night in Petrópolis, in the mountainous region of Rio, and spent the night in prison at the Federal Police headquarters in Rio de Janeiro, in the city’s Port Zone.

In the decision, Moraes affirms that there was a repetition of behaviors “tending to damage or endanger the independence of the established Powers and the Democratic Rule of Law.”

Still according to Moraes, the conduct of Daniel Silveira, in addition to representing “crimes against the honor of the Judicial Power and the ministers of the Federal Supreme Court,” are established as crimes in the National Security Law.

When presenting his vote in the session, Alexandre de Moraes affirmed that the declarations of the federal deputy Daniel Silveira (PSL-RJ) are not protected by constitutional immunity and that his “criminal” conduct was flagrant, authorizing his arrest.

“Daniel Silveira’s demonstrations are very serious, not only from a personal point of view, but mainly from an institutional point of view and the democratic rule of law,” said the minister.

According to Moraes, the deputy’s statements are not protected by parliamentary immunity.

“Attacking the institutions, against the Supreme Court, against the Judiciary, against democracy, against the rule of law does not constitute the exercise of the parliamentary function to invoke constitutional immunity,” he said.

Also according to the minister, the deputy’s action was not only intended to offend the Supreme Court, but also to impede the free work of the Justice.

“These demonstrations not only achieved honor, but mainly their statements had the clear intention of preventing the free exercise of the judiciary, the independent exercise of the Judiciary and the very manifestation of the rule of law,” he said.

Moraes also said that Silveira incited violence against the ministers of the Court and aimed to “erode the democratic regime.”

“His demonstrations, his incitement to violence, were not directed solely at various ministers of the Court, called by the most absurd names. They went directly to erode the structures of the democratic regime, to direct the structure of the rule of law ”.

At the opening of the session, Minister Luiz Fux, president of the STF, stated that the court remains alert to any form of hostility towards the institution and that “the offending authorities beyond the limits of freedom of expression require prompt action by court”.

Minister Luis Roberto Barroso also accompanied the rapporteur, but pointed out that the flagrant happened because the video is recent.

“Now we have to wait for the Chamber of Deputies to pronounce it,” said the Dean of the Court, Minister Marco Aurélio Mello.

There were no debates by the other ministers in the session. The speaker was accompanied by Ministers Nunes Marques, Edson Fachin, Luís Roberto Barroso, Rosa Weber, Cármen Lúcia, Dias Toffoli, Ricardo Lewandowski, Gilmar Mendes, Marco Aurélio and the President of the Court, Luiz Fux.

In the video, published on a social network, the Bolsonarista Silveira attacks six STF ministers: Edson Fachin, Alexandre de Moraes, Luís Roberto Barroso, Gilmar Mendes, Marco Aurélio Mello and Dias Toffoli. He also defends the closure of the STF, which is unconstitutional.

The deputy also defends General Eduardo Villas Boas, a former army commander. In 2018, on the eve of the Supreme Court habeas corpus ruling of former President Luiz Inácio Lula da Silva, Villas Boas said on a social network that the Army had “repudiated impunity.”

In a recently published book, the former commander states that, at that time, the demonstration was discussed with the Army high command before its publication.

The statement was seen as pressure on the STF ministers. Fachin was the rapporteur for Lula’s request for freedom, which was rejected by the full Court. News of the book’s contents has prompted Supreme Court ministers to issue disapproving notes in recent days.

Fachin said the pressure on the judiciary was “intolerable and unacceptable.” Gilmar Mendes, for his part, through a social network, defended the separation between powers and concluded with the phrase “Dictatorship never again!”

The deputy is investigated in the Supreme Court in the investigation that investigates the organization and financing of antidemocratic acts and in which it investigates attacks on ministers of justice and dissemination of false news, the so-called investigation of false news.

• Daniel Silveira is the target of inquiries about fake news and undemocratic acts in the Supreme Court; deputy accumulates controversies

Last year, he was the subject of a search and seizure and his bank secrecy was broken. In the request for an investigation, the Prosecutor’s Office pointed out that the deputy preached the use of the Armed Forces against the Supreme Court and that he has a connection with extremist conservative movements.

Daniel Silveira is in his first term as a federal deputy. Elected in 2018, the former military policeman was known for appearing in a video destroying a plaque in honor of councilor Marielle Franco, who was murdered in Rio in March of that same year.

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