The president of the Senate and the National Congress, Rodrigo Pacheco (PSD-MG), said today (3), after meeting with the president of the Federal Supreme Court (STF), Luiz Fux, that it is necessary to reflect on the limits of the pardon . “Now, for the future, we have to think of an improvement that can establish limits for the granting of grace, of amnesty, to avoid a feeling of impunity that can encourage conduct that may be criminal. It is a reflection that must be made by the Senate collegiate”, said Pacheco.
On April 21, President Jair Bolsonaro signed a decree which granted pardon to federal deputy Daniel Silveira (PTB-RJ). The deputy was doomed by the Federal Supreme Court (STF) to eight years and nine months in prison for the crimes of attempting to prevent the free exercise of powers and coercion in the course of the process.
In a note issued on the same date as the presidential decree, Pacheco said that the Legislature will be able to “evaluate and propose constitutional and legal improvements for such penal institutes. [graça e indulto], even so that impunity is not promoted”. He stressed, however, that any discussion and alteration of this regulation would not change Silveira’s situation since the granting of pardon is the prerogative of the president and “this is the constitutional command that must be observed and fulfilled”.
According to the president of the Senate, limits would prevent pardon in the case of crimes that threaten democracy, institutions and the Powers. The concern, according to Pacheco, would be to contain a “sense of impunity”. Pacheco said that bills (PL) and at least one Proposed Amendment to the Constitution (PEC) on the subject are already being processed in Congress. The matter was discussed at the meeting with Fux, whose main theme was the maintenance of dialogue between the Legislative and Judiciary Powers.
Meeting at the STF
According to Pacheco, at the meeting held at the Supreme Court, the situation of Daniel Silveira and the STJ’s prerogative to judge, that of the President of the Republic to grant a pardon, were mentioned; that of Congress to decide on the cancellation of mandates of parliamentarians sentenced in court; in addition to the prerogative of the Electoral Court to decide on the ineligibility of convicted parliamentarians.
The president of Congress spoke about the relationship with the Executive. “My relationship with the ministers of state is the best possible. This dialogue on the part of Congress in relation to the Executive and the President of the Republic has always been very active. I have absolute respect for the Powers and whoever heads them.”