Minister Alexandre de Moraes, of the Federal Supreme Court (STF), filed a representation made by federal deputy Rui Falcão (PT-SP) against the governor of São Paulo, Tarcísio de Freitas (Republicans).
The reason for the action was a possible articulation by Tarcísio with parliamentary leaders regarding the processing of an amnesty project in favor of former president Jair Bolsonaro.
The governor’s speech on 7 de Setembro, on Avenida Paulista, in which , was also used by Falcão to justify the opening of a criminal investigation.
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On October 15, the Attorney General’s Office had already requested the action be closed.
– Therefore, the lack of postulatory capacity of the reporter is evident, since the option for criminal representation must be formulated before the police authority or the Public Prosecutor’s Office, and not directly to the judicial body eventually responsible for judging the person reported. Furthermore, the flagrant active illegitimacy of the applicant to legally request precautionary measures is undeniable – states the Attorney General of the Republic, Paulo Gonet.
Furthermore, Gonet emphasizes that political articulations do not constitute a crime.
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– The granting of amnesty is a matter reserved to ordinary law, assigned by the National Congress, with the sanction of the President of the Republic (art. 48, VIII, of the Constitution), which extinguishes the main and secondary criminal effects of the crime. Although the aforementioned matter does not find constitutional support, the reported political articulation does not constitute a criminal offense, nor does it exceed the limits of freedom of expression, which is consecrated and guided by the binomial freedom and responsibility – concludes the head of the MPF.
On Thursday night (16), minister Alexandre de Moraes agreed with Paulo Gonet’s request and ordered the case to be archived.
