MercoPress. South Atlantic News Agency

Brazil: Bolsonaro disregards Temer's advice on Silveira's pardon

Temer explained all procedural steps need to be exhausted within the Judiciary before the Executive may step in

Jair Bolsonaro Friday turned down the proposal made public by his predecessor Michel Temer to suspend the Presidential pardon granted to convicted Deputy Daniel Silveira until all judiciary steps have been exhausted. Temer is a highly qualified Law Scholar.

Silveira, who was sentenced by the Supreme Federal Court (STF) Wednesday to 8 years and 9 months in jail for acts against democracy, may still appeal the verdict against him and Temer asked Bolsonaro in an open letter Friday to wait for that to happen before deciding on the pardon.

But the incumbent head of state simply replied on social media: “No.”

According to Temer, the measure would avoid an “institutional crisis” between branches of government. “This act could pacify institutional relations and establish an environment of tranquility in our society,” Temer wrote.

Silveira was found guilty by 10 votes to 1 of encouraging anti-democratic acts and attacks on court magistrates and other democratic institutions. Silveira was also stripped of his political rights and imposed a fine.

For Temer, Bolsonaro's decision was not taken at the right time. In his view, the decree should only be issued after the case has become res judicata in the courts - that is when there is no longer any possibility of appeal.

”Since the STF's decision on the case against Congressman Daniel Silveira has not yet become final, the ideal, to avoid an institutional crisis (...), is that the president of the Republic revoke the decree for now and wait for the conclusion of the trial,“ said the former president, who holds a PhD in Public Law.

”Only after that will the president be able, in accordance with the Federal Constitution, to eventually use the instrument of grace or pardon,“ he added.

”In the meantime there may be dialogue,“ added Temer, who stressed that ”the moment calls for caution, dialogue, and public spirit.“

In 2021, Temer acted as an advisor to Bolsonaro after inflammatory statements against members of the STF. In a political rally on Independence Day in São Paulo, Bolsonaro said he would no longer comply with decisions by STF Justice Alexandre de Moraes, but two days later, on September 9, Bolsonaro claimed he never had ”any intention of assaulting“ any branch of government. Temer was involved in the wording of that statement.

Bolsonaro had sent a plane to São Paulo to pick up the former president for lunch, over which they discussed the institutional crisis. Temer advised Bolsonaro to publish a ”pacification manifesto.”