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AGU: proposing amnesty for January 8th convicts is unconstitutional

AGU: proposing amnesty for January 8th convicts is unconstitutional

The Minister of General Advocacy of the Union (AGU), Jorge Messias, said that any bill that proposes granting amnesty to people convicted by court for involvement in the coup acts on January 8, 2023 is unconstitutional.AGU: proposing amnesty for January 8th convicts is unconstitutional

“In my reading, as a jurist, this is unconstitutional. Amnesty cannot be given to those who commit crimes that try to abolish the rule of law and democracy”, stated the minister when participating, this Thursday (30), in the program Bom Dia, Ministro, on Canal Gov and broadcast by Empresa Brasil of Communication (EBC).

According to Messias, the AGU was the first government institution to request the arrest of those involved in the depredation of the Planalto Palace, the National Congress and the headquarters of the Federal Supreme Court (STF). Precisely, because he understands that what happened was a “serious coup attempt”.

“These people were not [à Praça dos Três Poderes, em Brasilia] to play. They didn’t take the family out. They were trying to carry out a coup d’état”, added the minister when questioning the stance of those who defend amnesty.

“Talking about amnesty, at this moment, is an attack on the Brazilian population. What we need to talk about is punishing the scammers. And not only [punição] criminally, as well as for the damage they caused”, declared Messias, explaining that the AGU has already asked the Federal Court to order the blocking of at least R$100 million in assets belonging to those involved in the January 8 attacks in order to guarantee compensation. of damage caused to public property.

“In addition to serving time in prison, [os envolvidos] they have to pay for every work they broke, every chair, every lamp. I want to ask everyone involved in this discussion [sobre uma eventual anistia aos condenados] what did they see [em Brasília] the next day? How did they find the Chamber of Deputies, the Senate, the Planalto Palace and the Federal Supreme Court? I think society expects a different perspective from all of us, public agents”, concluded the minister.

Last Tuesday (29), the president of the Chamber of Deputies, Arthur Lira (PP/AL) announced the creation of a special commission to analyze the Bill No. 2,858/22 which grants amnesty to those involved in the coup acts of January 8, 2023. The PL proposes that those convicted of the coup acts be pardoned, including financiers, supporters and organizers. To legal experts heard by Brasi Agencyl, although the Constitution does not textually veto the initiative, there are constitutional elements that, consistent with the law, make the amnesty unfeasible.

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