Discussion began when Barroso cited as an example the cases in which politicians are called ‘thief’
The ministers and had a heated discussion during Wednesday’s session (7) of the Federal Supreme Court (STF). The clash occurred during the analysis of an action that questions increased penalty for crimes against honor when committed against civil servants. The rapporteur of the case, minister, voted so that only the crime of slander, that is, the false imputation of a crime to someone will have a penalty increase. Minister Flávio Dino disagreed and voted for the constitutionality of the increase in penalty also for crimes against the honor committed against civil servants due to the position they occupy.
Mendonça accompanied the rapporteur’s vote. In the minister’s understanding, curses against servants do not justify the worsening of the sentence. For him, offending the honor of a server is not something specific enough to impose a higher penalty. “What is expected of the public servant is to be subject to criticism. More acidic, unfair, disproportionate,” said Mendonça. But the debate began when Barroso cited as an example the cases in which politicians are called a “thief.” The minister said that when he says that someone is a thief, it is implicit that it is a crime. Mendonça countered: “Thief is an opinion, not a specific fact.”
It was then that Dino intervened and stated: “Minister André, for me it is a serious offense. I do not admit that someone calls me a thief. I just want to inform you that, please, let us consign all that I do not admit. In my perspective, it is a very serious offense. Mendonça replied, asking if people, then, cannot call politicians a “thief,” to which Dino asked if he applies to the ministers of the Supreme. Mendonça said it was not “too distinct”, to which Dino replied by saying that he would be “curious” with Mendonça’s reaction if a lawyer called him as a thief during the STF session. André Mendonça stated that in this case the lawyer could answer for crimes such as contempt, but “in the same penalty that any citizen would have the right to be compensated in his honor.”
After the clash, the minister accompanied Dino and voted for the increase of the penalty for offenses to servers. For Moraes, the theme is not freedom of expression, but “defamation”. “We are not talking about freedom of expression. Curtailing the right of criticism of public servants, magistrates, members of the prosecutor. Right of criticism is one thing and another thing is to commit crime. The leniency of treatment makes us even within the plenary offense against public servants.
“I don’t think anyone can call me a thief. People have to know the limit of criticism. Impunity over crimes against honor automatically generates the possibility of aggression, the criminal feels encouraged,” the minister said. The trial of the case was suspended and will be resumed on Thursday, 8.
*With information from Estadão Content
Posted by Fernando Dias
