Emperor Caligula was despotic, vengeful, cruel and wasteful. He reigned from March 37 AD to January 41 AD.
The most famous of his quirks was narrated by the imperial historian and biographer Gaio Sventonio Tranquillo, author of “The Life of Cesares and Famous Characters.” Sventonio is said to have named Caligula’s horse the senator and priest of Incitatus.
The extravagance of Jair Bolsonaro (PL) was to create a label. fake To entice, subdue and vengeance the Federal Supreme Court (STF) to cover up its true purpose.
Modern and democratic constitutions – laying the foundations for the Rule of Law – separate the powers of the national state and establish harmonious coexistence rules between them.
In addition to the separation of state powers, the system of checks and balances (checks and balances), modern constitutions attribute control of the legality of administrative acts to the Judiciary.
For example, even an optional action such as granting a bounty to federal lawmaker Daniel Silveira (PTB-RJ) to mitigate his sentence may be questioned in the STF. This is about the aspects of legitimacy, legality in the Supreme Court.
Therefore, an act that provides grace – individual benefit – or pardon – collective benefit – may have been carried out by the President with misuse of purpose, abuse of power and irreparable faults. Immoralities that null and void the action and therefore have no potential to have an effect.
In the case of Daniel Silveira, such an act of grace is questionable with the STF. Meanwhile, the Rede de Sustentabilidade party sued for non-compliance with a basic constitutional rule. There is already a certain rapporteur, Minister Rosa Weber.
Much has been said on social media about U.S. presidents given discretion, grace, and pardon. Before leaving the White House, Donald Trump favored one of his corrupt and putschist aides.
Two things about the US Constitution and Trump’s action are Bolsonaro’s arrogance.
The US Constitution dates from 1787. It was ratified by 13 federal states in 1789, and the Declaration of the Rights of the Citizen was ratified in 1791.
Under the U.S. Constitution, the President’s act of giving grace is an act of imperialism. More than optional.
For other modern constitutions, such as the 1988 Brazilian Constitution and the 1976 Portuguese Constitution, a president’s discretion cannot be unconstitutional, illegal, fraudulent, and arbitrary in the sense of abuse, preventing the exercise of another power.
Bolsonaro’s decree granting free access to the recently convicted Daniel Silveira was flawed and the president committed a crime of responsibility subject to impeachment: it impedes the exercise of jurisdiction, which is, as a rule, a monopoly of the judiciary.
The goal was not compassion, it was tolerance. As stated, the aim was to correct a judgment error committed by the STF.
Bolsonaro has placed himself above the STF ministers – and this breaks the separation of powers – to annul, annul a decision of the Court.
He went out to hurry. Daniel Silveira is considered innocent under the Constitution. Therefore, there is no unequivocal condemnation against him. Embargoes initiated by the STF can attack, so they are not certain.
Those who are considered to be constitutionally innocent – even by the logic of law – cannot have punishments that have not yet been executed and have not been executed, that are extinct. In other words, granting grace or pardon is possible only after the final decision.
In this context, the late professor and jurist Damásio de Jesus’ most sought-after and commercialized book on Criminal Law emphasizes “c) grace only after the final verdict”. Likewise, Miguel Reale Júnior, a professor at the University of São Paulo Law School.
Another important point concerns the effects of final conviction. Loss of political rights is one of them. Therefore, the STF rightly declared that Daniel Silveira’s mandate was lifted.
Grace removes base sentences without affecting the effects of the conviction. The convicted person, in addition to causing a lawsuit for pecuniary and non-pecuniary damages, loses his political rights and cannot gain rights until the punishment is fully complied with, as in the case of Daniel Silveira.
Bolsonaro abused his power and function by pressing the grace decree on Daniel Silveira. The decree deviated from its purpose as an administrative act. And its nature is the annulment of the condemnation of the Almighty, not of indulgence.
Bolsonaro went over constitutional principles such as legality and impersonality, as he aimed to overturn the conviction of the righteous.
In the Middle Ages, the convict fled to a different area from the conviction practiced in a mansion. The feudal lord could take it regardless of the other’s condemnation. In the cities, the princes gave the so-called “princely mercy.”
Since entering the law, it means forgiveness, grace, tolerance, forgiveness of faults, mistakes, crimes. For Bolsonaro, this meant overturning the STF’s decision.
source: Noticias
