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RIO – In the late afternoon of this Sunday (16), the president-elect
Jair Bolsonaro
says that the
Death penalty
"Not part of their program" in the next government. The statement was made after
an interview
of your child
Eduardo Bolsonaro
(PSL-SP), a re-elected federal member of GLOBO on Sunday. He spoke to the press during a walk along the waterfront in Barra da Tijuca, while he was drinking coconut water.
"The death penalty does not appear in our plan or in our program, it was not discussed during the campaign and, as long as I am president, for my part, we do not have will not have this agenda, "said Bolsonaro.
Earlier, the president-elect had already disavowed his son via Twitter. "In the O Globo newspaper today, it has been reported that in my government, the subject of the death penalty would be the subject of debate. to be a rigid clause in the Constitution, it was not part of my campaign, "he wrote. On the son's statements, Bolsonaro said that "this is not his intention".
– He (Eduardo) was in Indonesia to see how violence was reduced there and the death penalty was applied to it, but that's not our intention even because we know that it's a good thing. 39, is a stone clause.
Eduardo, reelected with 1.8 million votes and possibly the future leader of the PSL in the House, told GLOBO that a plebiscite could be used to consult the Brazilians, despite the express prohibition of the Constitution. During the interview, Eduardo Bolsonaro defended the possibility of the death penalty for drug traffickers, as in Indonesia, and for the perpetrators of heinous crimes.
Today, the constitutional text considers the impossibility of the death penalty as a rigid clause, which can not be changed even with a proposed amendment to the Constitution (PEC).
– I know that it is a rigid clause of the Constitution, Article 5, and so on. But there are exceptions. We are for the deserter in case of war. Why not make another exception for heinous crimes? Eduardo asked.
Change of the constitution of necessity
The plebiscite and the referendum, instruments mentioned by Eduardo Bolsonaro as being able to be used for a consultation on the death penalty in Brazil, can not be adopted for this purpose, according to the professor by law Thiago Bottino, from the Getulio Vargas Foundation (FGV) in Rio. The referendum is a consultation allowing the population to approve a change brought by the Congress. The plebiscite is a prior consultation. The popular decision is then pbaded on to the legislature.
– The plebiscite is the basis of a law or amendment of the Constitution. But you can not ask people what can not be changed, like a stone clause. And a change in fundamental guarantees can never be about reducing rights, but only about expanding rights – says Bottino.
The way forward, according to the FGV professor, is a constituent badembly tasked with developing a new constitution.
– All new Brazilian constitutions are the result of a breakup. I do not see the current political situation in Brazil as a break. Bolsonaro and Mourão were elected in accordance with democratic rules – says the expert.
The last legal provision providing for the death penalty in Brazil is the Decree-Law on National Security lowered by military orders under the dictatorship in 1969. The text turns to political crimes that face sovereignty and independence. or acts of sabotage that caused death. The death penalty has not been adopted in practice. The 1988 Constitution provides for punishment only in case of military crimes "in situations of declared war".
No answer in the case Coaf
During walks along Barra, Bolsonaro was again questioned about Nathalia Queiroz, one of his advisers, daughter of Fabrício Queiroz, former employee of his son Flávio Bolsonaro in the Assembly. The legislative investigation and coaf of Rio aims at a suspicious manipulation of R $ 1.2 million. Nathalia also made several suspicious pbadions with her father and was an employee of Flávio Bolsonaro, although she is the personal trainer of several artists. However, after hearing the question, the president-elect did not answer and ended the interview.
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