This Tuesday (28) the First Panel of the (Supreme Federal Court) made Bolsonarist Gustavo Gayer (-GO) a defendant on charges of insulting the president (PT). The opening of the criminal action was taken unanimously.
In February 2024, the parliamentarian published a montage of Lula holding a rifle and with symbols of Nazism and the Hamas group.
From now on, a criminal action against the Bolsonarista will be processed in court. The STF panel also determined that the decision should be communicated to the Chamber of Deputies.
The penalty for Gayer, if convicted, can be set from three months to one year of detention and a fine, and can be increased by the aggravating factor that the insult was committed against the President of the Republic, a person over 60 years old and through social networks.
Rapporteur Flávio Dino, Alexandre de Moraes, Cármen Lúcia and Cristiano Zanin voted in this sense. The First Class has four members since Luiz Fux moved to the Second Class.
Gayer’s publication was made in the context of Lula’s criticism of the government of , when the president said that the Prime Minister of Israel, Binyamin Netanyahu, is
The Presidency took the representation to the MPF (Federal Public Ministry), which filed a complaint with the court.
The ministers analyzed the receipt of the complaint, a stage in which the judge observes whether there is evidence of authorship and materiality of the conduct pointed out.
With confirmation, the court begins the criminal investigation for the final judgment, with the collection of evidence, statements and interrogations.
The rapporteur of the case, minister, stated, in the trial, that the adulteration of the image made by the deputy cannot be characterized as covered by parliamentary immunity.
“Such montage or such falsification, adulteration, do not fall within the protective scope of opinions, words and votes. From my perspective, at this moment, it does not cover montage, falsification of other people’s image, above all, reiterating, in terms of times of artificial intelligence”, he said.
In the same session, the collegiate rejected a criminal complaint from Gayer on charges of slander and insult against his colleague José Nelto (União Brasil-GO). In this case, there was a tie and, therefore, the decision must be the most favorable to the person involved.
The case began to be analyzed last June, when the rapporteur, minister, voted to receive the complaint. Dino followed in part, so that the process only progresses in the part about slander.
This Tuesday, when voting, Moraes disagreed with his colleagues and was accompanied by .
Gayer questioned statements made by Nelto on the Papo de Garagem podcast, in 2023, calling him a “Nazi”, “fascist” and “idiot”.
