STF, by a majority, made the deputy Federal a defendant André Janones for the crime of insulting Jair Bolsonaro. In posts on social media, Janones known as Bolsonaro a “militarist”, a “jewel thief” and a “assassin who killed 1000’s within the pandemic.
The trial happened in a digital session that ended this Friday, 14.
STF defends André Janones for calling Bolsonaro a “jewel thief”.(Picture: Mathilde Missioneiro/Folhapress)
Within the protection introduced within the case, Janones’ attorneys argued that the legal grievance must be dismissed, as a result of the consultant’s statements have been supposed to criticize and ironize, and didn’t quantity to offensive conduct. As well as, they claimed that the statements are protected by parliamentary immunity.
Reporter’s vote
Minister Cármen Lúcia, the rapporteur of the case, concluded that Janones’ statements don’t fall inside the parliamentary immunity offered for in artwork. 53 sure Federal structurewhich protects parliamentarians civilly and criminally for his or her opinions, phrases and votes.
“The statements made by the defendant and regarded offensive by the plaintiff weren’t made because of the train of the parliamentary mandate, and they aren’t related to him”, mentioned the Minister.
Ministers Alexandre de Moraes, Edson Fachin, Flávio Dino, Gilmar Mendes, Nunes Marques, Luís Roberto Barroso and Luiz Fux observe the reporter’s understanding.
Learn the reporter’s vote.
Variety
Alternatively, the ministers Cristiano Zanin, Dias Toffoli and André Mendonça voted to reject the legal grievance as a result of they understood that Janones’ statements have been coated by parliamentary immunity.
Mendonça emphasised that it’s the obligation of the Congress to investigate a attainable breach of decorum by Janones. “To finish immunity the parliament’s speeches will need to have nothing to do with its mandate and, furthermore, they weren’t given in consequence”, mentioned Mendonça.
Learn the dissenting vote introduced by Minister Cristiano Zanin.