Judgment was suspended by the request for a view of Minister Alexandre de Moraes; scoring is 2-0 to make Nelto Defendant for slander and injury
The 1st Panel of the Supreme Court (Supreme Court) will go back to this Thursday (8.br.2025) the criminal complaint filed by the federal deputy (PL-GO) against the colleague (União Brasil-GO) for the crimes of slander and injury.
Nelto is accused of calling gayer “Nazi”, “fascist” and “idiot” In an interview with the podcast “Garage Chat”in 2023. At the time, Nelto also said that Gayer went to Brasilia to “Beat a nurse”in reference to a 2020 video on a protest of employees of Cofen (Federal Council of Nursing).
The trial was suspended by the request for a view (longer for analysis) of Minister Alexandre de Moraes, but the rapporteur, Cármen Lúcia, and Minister Flávio Dino, had already voted to receive the complaint. The session will resume with the reading of the vote of Moraes. Only 1 more vote is needed to start criminal proceedings against Nelto.
The result can establish a precedent for when, during a political discussion, there is mention of an opponent as “Nazi” or “fascist”.
The accused argues that his statements would be protected by parliamentary immunity, since the fact occurred in debate in which both were disrespectful. The PGR (Attorney General’s Office) is already in favor of receiving the criminal complaint.
JUDGMENT
The case analysis began in June 2024. Carmen Lúcia voted to receive the criminal complaint. Already Dino voted to receive it in part, only for the crime of slander, due to the declaration on the aggression to the nurse.
In his vote, the minister said the terms “Nazi” e “fascist” are part of “A certain political debate” And they represent a political current, but they have no personal offense character to the point of characterizing as crimes of slander, injury and defamation.
Carmen Lúcia signaled that she could consider the appointment of her colleague during the analysis of the merits of the case, but maintained the full receipt of the criminal complaint, because there are minimal evidence to start criminal proceedings. But, she reiterated the “Weighs” of the terms.
“When it is said that the so -and -so, especially, is Nazi, with the historical burden of what he represented, in World War II, this whole phase, this comes with a load that also brings a series of attributable behaviors.”he declared.
