The president of the Chamber, deputy Arthur Lira (PP-AL), reiterated this Tuesday (26) that it is up to the National Congress to decide on the cancellation of the mandate of parliamentarians.
“The Federal Supreme Court has the competence to judge, the President of the Republic has the competence to grant grace or pardon, the Chamber and the Senate have to decide on a parliamentary mandate”, said Lira, informing that this is the understanding of the legal counsel of the Chamber. The president of the Chamber said that he will not “give up” this constitutional competence of the two Houses to cancel the mandate of federal deputies and senators.
Arthur Lira has defended the position after the conviction of deputy Daniel Silveira (PTB-RJ) by the Federal Supreme Court (STF) to 8 years and 9 months in prison, in addition to a fine, for the crimes of attempting to prevent the free exercise of powers and coercion in the course of the process. Silveira was also sentenced with the loss of his mandate and suspension of political rights after the end of appeals, penalties that can make the parliamentarian temporarily ineligible.
Pardon
After conviction by the Supreme Court, President Jair Bolsonaro granted pardon Silveira in considering that “the presidential prerogative to grant individual pardons is a fundamental measure for the maintenance of the democratic rule of law” and that “freedom of expression is an essential pillar of society in all its manifestations”.
At the same time, the Chamber filed an appeal with the STF requesting the recognition of the attribution of the National Congress in relation to the loss of parliamentary mandate. Even with the conviction, Daniel Silveira remains free with the use of an electronic anklet and in the exercise of the mandate of federal deputy until now.
Daniel Silveira was accused by the Federal Public Ministry of inciting undemocratic acts and of carrying out attacks on institutions, including the STF itself. The deputy can still appeal the decision.
