Yesterday, the Federal Supreme Court defined a constitutional boundary for freedom of expression: there is no absolute right.
As a result, it restricts MPs’ immunity from disclosures, actions and statements associated with the mandate.
There is no legal protection for deputies and senators who use and abuse it for punishable activities as a crime.
The argument was presented by Judge Gilmar Mendes, while reporting a case of injury and defamation against Senator Jorge Casuru, from Podemos de Goas, two opponents of Goas, Vanderlan Cardoso, a senator from PSD, accused of crimes on social networks. Former Federal Deputy Alexander Baldy, from PP.
“Although widespread freedom of expression is guaranteed,” he said. [a imunidade] In the case of third party offenses or incitement to commit an offense, it may be concluded that the immunity clause does not apply. “
The senator is now in dispute. In October 2020, Celso de Mello was the reporter of the criminal case. He recommended filing because he understood that Kazuru’s protests on social networks were related to the general supervisory role of members of parliament and, thus, would be overshadowed by parliamentary immunity.
Melo retired before the end of the verdict on the second panel of the STF, which was held yesterday by a crucial vote of Gilmar Mendes, Edson Fachin and Ricardo Lewandowski. Mello’s thesis on broad parliamentary immunity, including on social media, was defended only by Andre Mendonsa.
Kazuru is subject to other cases. In January, the attorney general’s office asked the Supreme Court to launch an investigation against the senator for “serious allegations” against Judge Gilmar Mendes in an interview with Jovem Pan Radio in mid-2020.
By yesterday’s decision, the Supreme Court not only advanced jurisprudence on the instability of the absolute right to freedom of expression, but also ensured the limitation of parliamentary immunity.
In practice, the judges re-edited the message to Congress and informed the government two weeks ago that they had convicted Deputy Daniel Silveira of the PTB in Rio. He was sentenced to eight years and nine months in prison for crimes against democracy and for threatening Supreme Court judges and their families.
The deputy was pardoned by his friend and ally Zaire Bolsonaro, but he should be disqualified and barred from holding public office or office. Since the court has not yet ruled on Bolsonaro’s pardon, Silveira’s case continues.
Yesterday, he was re-sentenced by Judge Alexandre de Moraes: a আদাল 405,000 fine for “disobeying” a series of court orders, including one intended for permanent use of an electronic anklet. The decision “has nothing to do with forgiveness,” Morris said.
When the Supreme Court in Brasilia ruled in favor of Senator Kazuru and fined Deputy Silveira at the Sao Paulo Central Court, Judge Luciana Biagio Lacumia ruled in favor of Abraham Weintraub, another former Minister of Education.
Federal deputy candidate for Weintraub PSol has demanded compensation for moral damages from Guilherme Boulos. Alleged crime on social media.
The 17th Civil Court judge rejected the request, on the grounds that the former Bolsonaro minister had a “universal and significant reputation” for being known as a “traveler” to his opponents, such as federal Supreme Court ministers. At a ministerial meeting in April 2020, Weintraub stated the following: “For me, I will put all these leftists in prison. Starting from STF. ”
The judge wrote yesterday: “Author [Weintraub] Maintains a standard of public conduct that pays little attention to his peers’ respect for the niche and respect for justice, in which the Supreme Court symbolically represents the apex. “
It was a journey of public message from the judiciary. It cannot be said that they were integrated. However, in Brasilia’s Praça dos Três Poderes, it is difficult to find anyone who believes in coincidence.