The president of the Chamber of Deputies, Arthur Lira (PP-AL), appealed to the Federal Supreme Court (STF) this Wednesday (20) to try to ensure that the Legislature has the final word in cases of impeachment of parliamentarians in Court judgments. .
The measure was taken on the same day that the Supreme Court decided to sentence federal deputy Daniel Silveira (PTB-RJ) to 8 years and 9 months in prison for the crimes of attempt to prevent the free exercise of the Powers and coercion in the course of the process. Silveira was also penalized with the loss of his mandate and suspension of political rights after the end of appeals, penalties that can make the parliamentarian temporarily ineligible.
While the Supreme Court has argued that it is up to Congress only to comply with the Judiciary’s decision, without citing the congressman and based on a 2018 lawsuit that deals with the issue, Lira argues in the appeal that, “in the face of criminal convictions that have become final, it is up to the Houses of the National Congress decide for the loss of the elective mandate”.
Yesterday, just before the trial began, Daniel Silveira went to the Chamber’s tribune and, in addition to harsh criticism of Supreme Court ministers, he regretted the fact that Lira had not guided the proposal that suspended the criminal action against him.
Next steps
Even with yesterday’s conviction, Daniel Silveira will remain free, in the exercise of the mandate of federal deputy, at least for now. That’s because the deputy’s defense can still file the so-called declaratory embargoes, instruments used to point out possible flaws in the process and try to reduce the sentence. The deadline for filing the appeal is up to five days after the trial.
According to the understanding of the STF, defendants can be arrested and the sentence is only served after the case has become final, that is, when all possibilities of appeal are exhausted.
