The Supreme Federal Court (STF), Florio Dino and Andre Mindona, was a discussion during a public session on Wednesday (07) on the ruling of the Penal Code that determines the increase in crimes against the honor of public employees.
When the vote is presented, Mandokana argued that in cases of defamation and injury, there is no reason to distinguish between an ordinary citizen of a government employee: “Contact us and any crazy and irresponsible server, in my opinion, there is nothing specific for me to impose a superior penalty because I was a public employee.
Minister Cristiano Zanin asked the word and considered that criticism is legitimate as long as it does not become a criminal crime.
“When you say that someone is a thief, it is an implicit crime.”
From that moment on, Monducona and Dino began a discussion.
Monducona stated that a person’s description of tuberculosis is an opinion. The speech sparked an immediate reaction from Minister Felvio Dino: “Minister André, however, for me, is a serious crime. I do not admit that no one calls for a good.
Mandokonka mocked: “If the citizen cannot call Sersi Sersi …”
Dino answered, “and the Upper Minister, can you?” “I am not distinguished from others ….”
In the end, Dino stated: “If a lawyer ascends to this platform and says you are a thief, you will be curious about the reaction of excellence.”
Slander
Today, the Penal Code provides three types of crime against honor: defamation, defamation and injury. For Mendonça, the increase in punishment should be applied only in the case of slander – which indicates someone to commit a crime. The course was followed, Minister Barroso.
In the vote, Monducona argued that for other crimes, the punishment must be the same as citizens outside the civil service, while assessing equal treatment.
Minister Flevio Dino argued that in favor of increasing the punishment in all crimes against the honor of public employees. According to him, the attacks on servers not only affect the person who was attacked, but also the situation they occupy.
To date, four of the ministers understood that the increase in the punishment is valid for all crimes against honor: Flevio Dino, Cristiano Zanin, Alexander de Mora, and Jillmar Mendes.
Indeed, two ministers are considered that the base should be valid only for the state of slander: Luis Roberto Barroso and Andrei Mendona.
The vote of five ministers is still missing. The session will resume on Thursday (8).
