The minister, of the (Supreme Federal Court), said on Tuesday (8) that it makes no sense to discuss amnesty to those responsible for the acts of January 8, but said that there may be openness for a debate on the application of penalties depending on the case.
“It makes no sense to discuss amnesty in this environment, and the presidents themselves of the two houses [ e ] They are aware of it. That would be the consecration of impunity to a fact that was and is extremely serious, “Gilmar said in an interview with GloboNews on Tuesday afternoon.
According to the minister, the dean of the court, debating forgiveness to crimes is different from talking about the size of the punishments. On the matter, he claimed to defend the appreciation of situations on a case by case basis, not a general review of the penalties.
“Progression can be extremely rapidly from the rapporteur’s own assessment,” Mendes said when asked about it. “It is possible that this be discussed and certainly there can be openness to it.”
He referred to the case of the hairdresser who was known for pecking the statue located in front of the STF headquarters. Last month, the minister authorized her house arrest, which had been pre -trial since March 2023.
Defendant for participation in the acts of 8 January, she responds to proceedings for crimes of armed criminal association, violent abolition of the Democratic Rule of Law, coup, qualified damage and deterioration of listed heritage.
Gilmar said, however, that the facts cannot be minimized. “She was in the camps, and at that moment she wasn’t with her children. Now they project this situation as a mother and everything. People took a huge risk.”
According to the STF’s dean, also, Debora’s case was used politically and an attempt to hold the magistrates responsible for the situation of the hairdresser.
“I am far from being a person who defends criminal punishment. I discuss the issue of [prisão] Domiciliar with mothers, I even think they need support not to recur. But here there was a political use of this case, trying to show that we would be insensitive monsters in the face of a situation that was serious: she participated in the occupation of the buildings. So the same penalty of others, “he said.
The minister said he did not agree with a speech by colleague Luiz Fux, that the Supreme Court judged the cases of January 8 under “violent emotion”, and stressed the severity of the facts. “We were very close to a coup. We were very close to a political tragedy.”
The penalties, he said, were established in the face of the understanding of this gravity. “The calibration itself was exactly so that it did not seem like it was a walk in the Park. Certainly Minister Alexandre is very aware of all this. PGR also has a very respectful position of fundamental rights,” he said.
This discussion, for him,, however, does not involve the accused of being the mentors of the 2022 coup plot. “We are not talking about amnesty or suppression for mentors.”
Gilmar said he hoped that the progress and conclusion of these cases will take place until the end of this year, with analysis of the receipts of complaints, appeals, criminal instruction and judgment.
Supersalaries
Gilmar said it was also necessary to discuss and order the issue of supersalaries in the judiciary. “We are living is a picture of save who can, which is the worst of all worlds. This is extremely serious.”
According to the magistrate, the established picture is not good, of salaries that are not being fixed by law, but by administrative decisions that establish the so -called hanging. “Strictly speaking the principle of legality went to the air.”
