Minister Flávio Dino followed minister Alexandre de Moraes, of the Federal Supreme Court (STF), and his colleague Cármen Lúcia and voted to sentence former federal deputy Eduardo Bolsonaro (PL-SP) to one year of detention, in an initially open regime, for defamation against federal deputy Tabata Amaral (PSB-SP).
The case has been analyzed by the virtual plenary of the STF since last Friday. With Dino’s vote, the score is three votes to zero against Eduardo Bolsonaro. Another 7 ministers still need to speak.
Rapporteur of the criminal action, when the son of former president Jair Bolsonaro published about the bill, prepared by Tabata, on the distribution of sanitary pads in public spaces.
In his vote, Moraes pointed out that, “freely and consciously”, Eduardo Bolsonaro imputed to Tabata “a fact offensive to his reputation”, suggesting that the bill had been drawn up with the purpose of “illegally benefiting third parties”.
The minister highlighted that the publications revealed the “middle ruse” used by the then deputy, with the aim of achieving Tabata’s honor, both in the public sphere and in his private life. “The materiality and authorship of the crime of defamation have been amply demonstrated”, stressed the minister.
Still according to Moraes, Eduardo Bolsonaro is “fully aware of the criminal acts he committed”. The former deputy stated that he was responsible for the post and for “verifying the veracity of the information he shares, expressly stating that he does not trust traditional checking agencies”, pointed out the minister.
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The penalty proposed by Moraes is one year in detention and 39 days fine, worth two minimum wages each. Still according to the vote, an open regime would be established to begin serving the sentence. The judge also noted that, because Eduardo is in an “uncertain and unknown location”, it is not possible to replace the custodial sentence with sentences restricting rights.
