The rapporteur of the representation against Deputy Daniel Silveira (PSL-RJ) in the Ethics Council of the Chamber recommended the suspension of the term of office of the pocketman for six months for having published a video with attacks on the Supreme Court (Supreme Court) and apology for the military dictatorship.
The opinion, by Deputy Fernando Rodolfo (PL-PE), was read this Wednesday (9). The vote, however, should only take place next week. The rapporteur himself suggested the deadline for deputies to calmly analyze the vote against the Pocketnarista, a measure accepted by the president of the council, Paulo Azi (DEM-BA).
In the opinion, Rodolfo rejects the loss of office and proposes the application of the penalty of suspension of office for six months “as a sanction for conduct that threatens” the parliamentary decorum practiced.
The deputy affirms that, when analyzing Silveira’s conduct, “we are convinced that he acted within the limits of the exercise of his mandate, being sheltered by the material immunity conferred on him by the Federal Constitution.”
“In our understanding, the represented regularly exercised the constitutional prerogatives guaranteed to members of the National Congress,” he wrote.
In addition, the rapporteur continued, “the factual evidence in the records does not show that the represented committed a serious irregularity in the performance of the mandate that would compromise, in any way, the dignity of popular representation”.
“Therefore, our conclusion is the non-occurrence of conduct incompatible with parliamentary decorum that gives rise to the application of the penalty of loss of office of the represented.”
Upon completion of the process, the deputy may appeal to the CCJ (Committee on Constitution and Justice). The final decision on the suspension will be up to the House’s plenary.
The penalty recommendation was milder than the one applied to deputy Flordelis (PSD-RJ), who had a report in favor of the impeachment approved by the council on Tuesday (8).
Opposition deputies criticized the suggested penalty for Silveira’s case. “Given the seriousness of the acts he practiced, it will be cheap for deputy Daniel Silveira to have his term suspended for six months,” stated deputy Orlando Silva (PC do B-SP).
Deputy Fernanda Melchionna (PSOL-RS) also challenged the decision.
“A deputy arrested in the act for fomenting violence and hatred. By the way, a deputy from the far right with a long history of undemocratic acts and threats to the movements to suffer only one suspension is scandalous,” he said. “It’s a safe-conduct for violence. It needs to be revoked.”
Melchionna intends to file a separate vote calling for the deputy’s impeachment, “under the understanding that there is sufficient evidence for the loss of the mandate of deputy Daniel Silveira, as the analyzed conduct consists of serious abuse of prerogatives granted to parliamentarians, under the terms of the regimental and constitutional provisions listed.”
Silveira has been in prison since February 16, after having published a video with attacks on the STF and an apology for the military dictatorship. The arrest in flagrante was ordered by Alexandre de Moraes, minister of the court.
In the footage that led to his arrest, Silveira uses profanity against minister Edson Fachin and other ministers of the Supreme Court, accuses them of selling sentences and suggests attacking them.
“Today you feel offended, saying that it’s pressure on the Judiciary, it’s unacceptable. Come on, arrest Villas Bôas. Be a man once in your life, go there and arrest Villas Bôas. Be a man once in your life, go there and arrest Villas Bôas. Tell Alexandre de Moraes, the big man, the badass, go there and tell him to arrest Villas Bôas.”
The deputy continues with the insults: “Go there and arrest an Army general. I want to see it, Fachin. You, Alexandre de Moraes, Marco Aurélio Mello, Gilmar Mendes, the one who lets the bandits go all the time. Every time there’s a habeas. corpus, sells a habeas corpus, sells sentences,” he said.
On February 19, the Chamber confirmed, by 364 votes to 130, the STF’s decision to keep Daniel Silveira imprisoned.
Silveira was abandoned by the Palácio do Planalto before the vote in the Chamber. Advised by aides not to get involved in the case, Bolsonaro was silent and did not publicly express support for the ally, but was charged by pocket groups.
In May, in testimony to the council, Daniel Silveira stated that the STF ministers were “completely partial” and that they acted at the same time as “victims, accusers and judges”.
In another moment of the testimony, the deputy stated that he regrets the words he spoke in the video, that he was in “a moment of anger” and that perhaps he did not use some adjectives that were said.
“I think the swear words, there are many people who follow my work who are old ladies, maybe that has disappointed them, maybe it took away the credibility of the words a little. They have ears that are very sensitive, maybe I would take that away. I would use more language. But if you are going to relativize the vanity that this prison was moved, maybe they wouldn’t even accept the legal arguments.”
In early June, the PGR (Attorney General’s Office) defended the deputy’s return to prison for several violations of monitoring by electronic ankle bracelets.