Ministers of the Federal Supreme Court say that the main right-wing politicians who dispute the blessing of () to the dispute not to grant pardon to the former president after a possible conviction of the politician for crimes against the state.
Three ministers consulted by Sheet They claim that if a possible pardon is granted to Bolsonaro and allies after the forgiveness, the penalties would be overthrown by the Supreme.
The reactions occur after the Senator (PL-RJ) states that the former president, if convicted of the Supreme, will only support a presidential candidate who committed himself to a pardon.
“It’s real that can happen. Bolsonaro supports someone, this candidate is elected, pardon or compositions with Congress to approve the amnesty, in three months this is realized, here comes the Supreme and says: it’s unconstitutional, everyone comes back to jail.
Flávio argues that the candidate who will have Bolsonaro’s support needs to make articulations with Congress and the Supreme to ensure that a possible pardon for the former president has political support and is not overthrown. “Certainly the candidate that President Bolsonaro will support will have to have this commitment, yes.”
Ministers of the Supreme say, under reserve, that they see three governors running ahead for Bolsonaro’s blessing: (Republicans),; (União Brasil), from Goiás; and (PSB), from Paraná.
Caiado has publicly defended an amnesty to Bolsonaro, as well as the governor of Minas, (new), who.
Tarcisio has a good dialogue with the ministers of the Supreme, especially with Alexandre de Moraes. Bolsonaro’s allies say they believe that the governor’s traffic in the court may appoint an easier way to pardon, while members of the Court cite the proximity to the politician to nail that forgiveness to the former president will not avenge.
The position of the ministers on the pardon is preceded by the judgment of to benefit (PTB-RJ), sentenced to more than eight years in prison for threat to the Democratic Rule of Law to promote attacks on court ministers and stimulate undemocratic acts.
The former president signed a decree with the forgiveness of the political ally the day after his conviction. The supreme overthrew the pardon in May 2023, by nine votes by two, under the.
“Admit that the President of the Republic, as a supposedly determined competence to edit pardon, can create, in their surroundings, a circle of virtual criminal immunity is to deny the subjection of all to the empire of the law, allowing the overlapping of merely personal and subjective interests to the republican and democratic postulates,” says the judgment of.
The rapporteur of the case was Minister Rosa Weber, then president of the Supreme and now retired court. She argued that the 1988 Constitution has been in charge of the Supreme Court of “deciding on the amplitude, extension and contours that conform to the duties of the Legislative Power and the Executive Power.”
“The instrumentalization of the state, its institutions and its agents cannot be accepted to, illicitly, illegitimately and immoral, obtain merely subjective and personal benefits, under penalty of subversion to the most basic postulates of the rule of law,” said Rosa.
An wing in the Supreme understands that crimes against the Democratic Rule of Law are not subject to political forgiveness – amnesty approved by Congress or presidential pardon.
“I do here an analysis here also from the political angle, because I understand that a crime against the democratic rule of law is a political and impassive crime of amnesty, because the Democratic Rule of Law is a stone clause that not even the National Congress, for amendment, can suppress,” said Luiz Fux in the trial about Daniel Silveira.
The same path was followed by Minister Dias Toffoli. “I understand, therefore, that crimes against the Democratic Rule of Law are naturally unsusceptible of constitutional grace, for teleological reason that slips into the pillars of the Democratic Rule of Law,” he said.
Bolsonaro is a defendant in the Supreme for allegedly led a coup plot after the election of Lula (PT) in 2022. He is responsible for the crimes of coup d’état, attempted abolition of the Democratic Rule of Law, armed criminal association, damage qualified to public assets and deterioration of overturned assets.
The trial of the former president and his allies should take place in September, according to forecasts made in the Supreme Court. The maximum penalties added exceed 40 years in prison.
Despite being ineligible until 2030 and responds to the process that can take him to prison, Jair Bolsonaro has said that.
The refusal to indicate a successor in the leadership of his political field has caused a race of possible candidates trying to win the scholarship estate for the presidential election.
As much as Tarcisio is seen by allies as the main name on the right, Bolsonaro has shown resistance to indicate the governor of São Paulo for the dispute for the Planalto Palace.
That his former minister would not be showing sufficient solidarity. Bolsonaro interlocutors point out that the bridges the governor has with the STF do not translate into relief to his political group.
In this scenario, Bolsonaro has signaled a preference for indicating someone from his clan. The former first lady is today the most cited-so that a part of her allies see with suspicion this scenario. Your son (PL), still in the US, is also.
