Ministers Flávio Dino and André Mendonça had a heated discussion during Wednesday’s session (7) of the Federal Supreme Court (STF).
The episode occurred during the trial discussing the constitutionality of the Penal Code article that provides for an increase in penalty for crimes against honor committed against public servants.
In Mendonça’s understanding, curses against servers do not justify the aggravation of the sentence. The minister cited as examples in which politicians are called “thief.”
“What is expected of the public servant is to be subject to criticism. More acidic, unfair, disproportionate,” he said.
After the statement, Flávio Dino countered Mendonça’s speech.
Check out the dialogue:
Mendonça: “Thief is an opinion about the person. It’s not a specific fact.”
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Dino: Minister André, for me it is a serious offense. I don’t admit someone call me as a thief. I just want to inform you of your excellence that, please, let us consign all that I do not admit. In my view, it’s a very serious offense. ”
Mendonça: “If a person can’t call a thief politician?”
Dino: “Can Minister of the Supreme?”
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Mendonça: “I am not distinct from others.”
Dino: “If a lawyer went up on the podium and said that you are a thief, I would be curious to see your excellence reaction.”
Then Minister Alexandre de Moraes said that offenses against servants should be treated as a crime, not as freedom of expression or curtailment of criticism against politicians and judges, for example.
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“I find it extremely serious someone calling me a thief. It is not because the person opted for the public service that they lose their honor, loses dignity. The person has to know the limit of criticism,” added Moraes.
After the discussion, judgment of the case was suspended and will be resumed on Thursday (8).
