“Freedom of expression is not absolute”, says PGR, who seeks the conviction of Silveira

The Attorney General’s Office (PGR) recommended this Thursday (7) to the Federal Supreme Court (STF) the condemnation of the federal deputy Daniel Silveira (PSL-RJ), radical pocketnarista who threatened court ministers in February this year.

For prosecutors, “freedom of expression is not absolute” and the parliamentarian has to be punished for the serious acts he committed, justifying the intervention in his right to manifest himself “under the constitutional and criminal aspects and proven the inexistence of causes that could exclude culpability” . The document is signed by the Deputy Attorney General of the Republic, Humberto Jacques de Medeiros. in the crime of serious threat to authority, provided for in the Penal Code, and also for trying to prevent, with the use of violence or serious threat, the free exercise of any of the Powers of the Union or States, provided for in the National Security Law.

“By way of finishing, it is concluded that, even being guaranteed by provisions that do not make any mention of possible restrictions through ordinary legislation, the right to free exchange of ideas may, even so, come to be restricted by it”, wrote Medeiros.

The text also says that Silveira used her parliamentary immunity to commit the crimes, believing to be protected by this prerogative, which, however, cannot be valid for episodes of the type.

“Although he claims to have made an equiv occasion on the assumptions of its substantial immunity – which is admitted here only for argumentative purposes, because the defendant does not seek to protect the prerogative, but to use the prerogative to protect himself – the error in question would be victorious, as he had ample opportunity to verify , through more information or simple reflection, that his right to freedom of expression, as a parliamentarian, is not absolute”, argued the deputy attorney general of the Republic.

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