The Attorney General’s Office (PGR) denounced deputy Gilvan da Federal (PL-ES) for the crime of insulting President Luiz Inácio Lula da Silva (PT).
The congressman referred to the head of the Executive during an event that defends the arming of the population.
The complaint was signed by the deputy attorney general of the Republic Hindenburgo Chateaubriand Filho and sent this Friday (4) to the Federal Supreme Court (STF).
The inquiry rapporteur is Minister Luiz Fux.
According to the PGR, the offenses committed by the deputy are not protected by the so-called parliamentary immunity, which guarantees congressmen the right to express themselves without being prosecuted.
“Although the accused uttered the offenses as a parliamentarian, the references he made to the victim, if they were not already strange and out of context from the political-partisan clash in which they were used, exceeded, due to their abusive form, the immunity of words of who was invested, due to his position”, stated the PGR.
“Notwithstanding the guarantee of immunity, provided for in art. 53 of the Federal Constitution, the Federal Public Ministry understands that the facts, as described, demonstrate the unequivocal intention of the parliamentarian to offend the honor of the victim, exceeding the limits of the norm”.
Any penalty imposed in the case would be less than two years. Therefore, the PGR proposes the formalization of an agreement with the congressman, imposing a fine for the case to be archived.
A CNN tries to contact the deputy’s defense.
No indictment
The Federal Police (PF) concluded the investigation into the case in May.
In a statement to the PF, Gilvan said that he had no intention of attacking the honor of the President of the Republic, who was giving a political speech and who has parliamentary immunity.
“The Constitution says that we are inviolable civilly and criminally for our opinions, words of vote”, he stated. “He was not acquitted, he was unconvicted. I understand that he was convicted of corruption, money laundering and was not acquitted”, said the deputy at the hearing.
The PF also carried out an examination of the video at the time of the statements to confirm what was said.
Understand the case
The investigation was opened in February, following a representation made by the then Minister of Justice Flávio Dino (now Minister of the STF).
The case refers to speeches made by the deputy in July 2023, during a demonstration by the Pro-Armas Movement, in Brasília. The statement was recorded in a video published on the congressman’s Instagram profile.
At the time, Gilvan said that the Presidency of the Republic is occupied by an “ex-convict, thief, corrupt, convicted of corruption and money laundering”, in reference to Lula. “I repeat: he is a thief! He’s a thief!” he continued.
The deputy also criticized Dino, who was Minister of Justice at the time.
“And in the Ministry of Justice – for those who don’t know, I have been a Federal Police Officer for 20 years, I turn 20 in August – and this Minister of Justice does not represent the Federal Police, he does not represent the Brazilian people”, he stated.
“A Minister of Justice who goes to a community dominated by the Red Command, without exchanging fire. Everyone knows that in a community dominated by a criminal faction like Comando Vermelho, there are only two ways to go up: either by exchanging fire or with authorization from Comando Vermelho. And I say, like Sergeant Fahur, Flávio Dino, come and take my gun if you are a man! Come take my gun!”
