Barroso states that Congress has legitimacy to propose the reduction of condemnation sanctions from the coup

The minister, however, claimed not to participate personally in any sewing based on the reduction of the sanctions of the sentenced by the acts of state of state of January 8

BRASILIA – The president of the Supreme Court (STF), Luís Roberto Barroso, said he has not personally participated in any sewing agreement to reduce the sanctions of the condemned by the scammer acts of January 8. Barroso has not denied that conversations can be conducted by other ministers. “[A discussão] The amnesty or the reduction of sanctions did not pass me, “he said in an interview with the Roda Viva program of Tv Cultura, broadcast on Monday evening.

The minister stated that there is a legitimacy of the congress to analyze the matter and stressed that his position on the subject is that the state -of -the -art crimes and violent abolition in the state of democratic law must absorb each other. In the judgments of January 8, Barroso voted so that the sanctions did not accumulate, which reduces the time of the prison. Absorption “makes more sense than reducing sanctions”.

“I have not spoken to anyone of this topic in recent weeks, I have spoken at the time of the Pope’s funeral, we are in September, this will be the beginning of the year. So I am not part of the agreement. But I don’t see how something disconcerted the congress understand that the two should not accumulate. It is a political option,” he said. Barroso also recalled that “if there is a legislative change, the retroage of the most favorable law” for the benefit of the defendant.

The president of the Supreme Court was avoided being positioned on how he would have voted in a possible action by questioning the amnesty to the former president Jair Bolsonaro (PL), but he underlined that the amnesty is responsible for the congress and is on the supreme control the constitutionality.

“The amnesty before the trial was absolutely unacceptable and would violate the independence of the judiciary. The amnesty after judgment is a competence of the congress, it is in the constitution verbatim. The way in which this amnesty will be made is evidently subject to the control of constitutionality by the supreme, since everything is in life”, he said.

Barroso also stressed that the decrease in penalties for a “technicality” is something “completely different from the amnesty” and that “the criminal law is not made for revenge”. The minister stressed that one of the objectives of criminal law is prevention and the other is imprisonment. “Prison is part of the process but it is not the most important chapter of criminal law.”

The minister also said that the reduction of sanctions is an alternative that “sounds reasonable for him”. And this discussion was long before the condemnation of the former president (Jair Bolsonaro), “he said.

The minister states that, in the plenary, Bolsonaro’s process would not have a different result

In the Barroso program he said he believed that the result of the process of the former president Jair Bolsonaro (PL) would not have been “very different” if he had occurred in court, not in the first class.

“The technical regulation of the regiment was the process by the class. In fact, the class could have submitted the full, but it would be atypical. But here, to be honest, I think this was a claim of many segments, I don’t think it would have achieved a very different result,” said Barroso.

He also said that the “widely divergent vote” of Minister Luiz Fux as regards Bolsonaro’s belief shows “that judicial independence is full, each vote according to his conscience”.

Barroso was also invited to give his opinion on the events that took place during the weekend on the PEC of the armor. He said he saw “Gioia” the “return of the corruption agenda”.

Barroso also ranked the application of Magnitsky’s law against the wife of the Minister of Stf Alexandre de Moraes, Viviane Borci, as “unfair”. “There was no political persecution here, there was a transparent judgment,” he said. The minister said to regret that the US authorities did not understand “what happened in Brazil” in the process of the plot of the coup.

Source: Terra

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