The president of the (Supreme Federal Court), said on Monday (22), that a possibility for reducing penalties of convicted by the 2022 coup plot would be if Congress approved a law so as not to accumulate both crimes against democracy in relation to which the former president () and allies were convicted.
The statement was given during an interview with TV Cultura’s Roda Viva program. Barroso is a few days old to leave the presidency of the court. Next Monday (29), the position goes to Edson Fachin. Already the post of vice, today with Fachin, passes to.
Former President Jair Bolsonaro was for leading the coup plot. He was convicted of violent abolition of the Democratic Rule of Law and coup d’état, as well as three other offenses.
The penalties of both crimes were added to the conviction, as well as the penalty of crimes of armed criminal organization, deterioration and damage to heritage.
Barroso said he was unaware that STF ministers are negotiating with Congress the possibility of a dosimetry of the penalties given to the convicts.
He said he talked about the theme at the time of Pope Francis’ death in April, with the presidents of the House, Hugo Motta (Republicans-PB), and Senate, David Alcolumbre (Brazil-AP Union). At the time, he said he indicated to understand that one option is the non -accumulation of the penalties of the two undemocratic crimes, a condition that he signaled to be “reasonable”.
The President of the Court stated that the majority of the Supreme Court understood that the penalty of the two crimes accumulated, but that if there is a change in the legislature, and Congress approves the hypothesis of not accumulating, he understands that the decision would immediately apply to those already convicted.
The minister denied that the action would be similar to an amnesty. “Decreasing pity for a technicality is completely different from amnesty,” he said. “I do not see it as something unreasonable Congress understand that one should not accumulate both.”
Barroso also stated that he attended Bolsonaro’s trial, led by the First Class of the Supreme Court, to be with the other magistrates in a moment of “difficulty,” he says he thought it would be “good character.”
He said the divergent vote of Minister Luiz Fux-which voted for the former president’s acquittal-showed that the criminal action occurred in a standard scenario. About interpretation of the cut -off colleague that the defendants sought “the truth of the facts,” he said disagree. “There was [na tentativa de golpe] A deconstruction of deliberate truth, “he said.
He said, however, that Fux mirrored the view of a part of Brazilian society with his vote. “Sometimes it’s good that you have the vocalization of the feeling of all segments of society.”
The magistrate defended the supreme of criticism that the judgment should have been before the entire plenary, saying that the appreciation by the class fulfilled the technical rule of the Court. He said he believed that the outcome of the criminal action would be the same if it had been sent for the appreciation of all magistrates.
Regarding criticism of the recurrence of monocratic decisions in the court, he said he would not talk about the profile of other magistrates, but it uses to send everything to the plenary.
The magistrate also countered the accusation of pockets who connect the Supreme’s performance to a “dictatorship of Toga”. Barroso stated that “political rhetoric has freedoms that do not correspond to facts” and that the time of dictatorship occurred, for example, in the context of 1964.
The magistrate said that he found the sanction to Moraes’s wife, Viviane Barci, given by the United States, who tied the measure released on Monday to Bolsonaro’s trial.
Barroso stated that he prevailed in the country ruled by a narrative about the criminal action of the coup that does not correspond to the facts.
He denied, however, that the new sanction could relate to the discussion of amnesty or dosimetry of penalty in relation to the former president, saying that these are different things. , the new sanctions announced the Supreme to threaten the cancellation of an agreement with Congress to approve a reduction of penalties of convicts.
As a moment of regret, he mentioned speaks (National Student Union) of 2023, when he spoke. “He said that the” us “of the sentence referred to Brazilian society, not to the court, and that he wanted to refer to the defeat of extremism.
About the armage PEC, Barroso said he saw with “joy” the engagement of the population on the agenda against corruption. It allows Congress to block criminal proceedings in the Supreme against deputies and senators. The opposition to her, along with the opposition to an amnesty to those involved in the attempted coup, took Brazilians to the streets last Sunday (21).
In Barroso’s management, when facing sanctions from the United States, especially Moraes, who was a rapporteur of the coup plot that led to the conviction of Bolsonaro.
On Monday, the wife of Moraes, by the United States with the, commonly employed against major human rights violators.
The president of that country, Donald Trump, claims that the magistrate opposes freedom of expression and pursues opponents with his judicial decisions, although the magistrate’s performance is endorsed by colleagues of the Court.
During the moment of pressure exerted by the United States and Bolsonarists in Brazil, Barroso has manifested itself in a smoothness of the process of the coup plot.
Also on Monday, the Supreme Court released a statement about the sanction given to Barci. “If there was already injustice in the sanction of a judge for its independent performance and within the laws and the Constitution, it is even more unfair to expand the measures for a family member of the magistrate,” the court pointed out in a statement.
Asked about rumors that he would retire with the end of the court presidency, the minister did not respond directly, but “said it is very difficult to stop being minister of the Supreme.” He said that the performance of the court brought impact to family members, with political attacks, and cried when talking about a visit to Venezuelan refugees in Boa Vista.
