The (Supreme Federal Court) formed a majority to convict the former federal deputy (no party) for attacking the exercise of Powers, slander, homophobia and incitement to crime.
The court began judging the case in an open virtual session on Monday (9). Ministers have until the end of this Friday (13) to cast their votes.
rapporteur of the case, proposed a sentence of 9 years, 1 month and 5 days in prison, in addition to R$200,000 in collective moral damages. Moraes also defined that, until the process is concluded, Jefferson’s political rights are suspended.
He was accompanied by ministers Flávio Dino, Luís Roberto Barroso, Gilmar Mendes and Dias Toffoli.
voted for conviction, but differed from Moraes and proposed to be analyzed in the criminal action.
The criminal action was proposed by the (Attorney General’s Office) as a result of interviews in which Jefferson allegedly encouraged the population to invade the Senate and “perform de facto acts” against senators and to blow up the building of the (Superior Electoral Court).
He was also denounced on charges of slander, for attributing the crime of malfeasance to the president of the Senate, and for homophobia, for saying that members of the LGBTQIA+ community represent the “moral demolition of the family”.
According to the rapporteur, the former parliamentarian published material with criminal content in actions considered very serious, through social networks, giving the videos practically immeasurable reach.
“It is completely absurd that the vile actions of a former federal deputy, who held office in several legislatures, and former leader of a political party, using the resources received from this organization (there is no news of the defendant carrying out any other activity), cause the relevant and lasting damages revealed, in complete distortion of the expectations of members and would-be voters, through violation of the constitutional principles enshrined in Brazil”, said Moraes in his vote.
Jefferson has been in prison since October 2022, after against , when corporation agents served an arrest warrant against the politician in .
The arrest request at the time was motivated by non-compliance with Moraes’ order. The former deputy was under house arrest and banned from using social media, but he published a video insulting the minister. Moraes then ordered him to return to prison.
In the trial of the criminal action, Zanin argued that the crimes of slander and incitement to crime can no longer be punished. The report in the case was received more than two years ago and the sentences defined in each case total less than two years, the crimes would be time-barred.
Furthermore, one of the mitigating factors cited by Zanin is Jefferson’s age, who turned 71 in June. “The culpability and the circumstances, in turn, they proved to be very serious, as the criminal acts were carried out in a comprehensive and multiple manner”, said the minister.
The STF plenary received the complaint in June 2022. It then decided that the case should be sent to the Federal Court in the Federal District.
After the coup attacks on January 8, 2023, however, the court understood that the previous facts were connected to the investigation of the coup plot, and the jurisdiction of the case returned to the Supreme Court.
