Flávio Dino says there is no room for amnesty for crimes in the trial over the attempted coup.
00:58
BRASÍLIA - Supreme Federal Court (STF) Justice Flávio Dino began his vote this Tuesday, the 9th, by warning that there is"no kind of message" in the arguments presented by him and the other members of the First Chamber. However, the judge then reviewed the Court's case law on the subject of amnesty, which, in practice, demonstrated the willingness of the justices in recent votes to overturn any pardon arranged by Congress for those convicted of involvement in coups.
Dino cited the votes of Justices Alexandre de Moraes, Gilmar Mendes, Dias Toffoli, Cármen Lúcia, and Luiz Fux in recent votes that addressed pardons for crimes against the democratic rule of law, such as the pardon granted by former President Jair Bolsonaro (PL) to former federal deputy Daniel Silveira. All were against granting amnesty for attacks against the democratic order.
The justice made a point of reading Fux's vote at the time:"A crime against the democratic rule of law is a political crime and cannot be pardoned, because the democratic rule of law is a permanent clause that not even Congress can suppress." Fux, who sits next to Dino, is seen by Bolsonaro supporters as the only hope for a dissenting opinion or a proposal for reduced sentences in the First Chamber.
The mention of amnesty comes at a time when leaders of the Centrão and the far-right are aligning themselves in favor of pardoning the coup plotters convicted of the January 8 attacks and possibly other people involved in anti-democratic acts, which could benefit defendants at the crucial core of the coup plot, such as Bolsonaro.
House Speaker Hugo Motta (Republicans-PB) has been under constant pressure from pro-Bolsonaro lawmakers to consider broad and unrestricted amnesty for those involved in coup plots, aiming to benefit Bolsonaro. Motta resists, but PL leader Sóstenes Cavalcante (PL-RJ) boasts the support of the centrist party and claims to have nearly 300 signatures in favor of the bill.
Despite pressure from deputies, the amnesty is not moving forward because the president of the Senate, Davi Alcolumbre (União Brasil-AP), has already positioned himself against the amnesty and is discussing an alternative project, with the consent of the STF ministers, to reduce the sentences of those convicted.