STF has majority to maintain fine on Roberto Jefferso and Mendonça asks for review

Minister André Mendonça, of the STF (Supreme Federal Court), requested review and suspended the judgment of the appeal presented by Roberto Jefferson against the decision that conditioned his regime progression to the payment of a fine of R$452 thousand.

The analysis was interrupted this Monday (15), when there was already a majority formed to reject the defense's request. So far, ministers Alexandre de Moraes, Flávio Dino, Cármen Lúcia, Cristiano Zanin, Dias Toffoli and Gilmar Mendes have voted to maintain the decision.

Reporter of the case, Moraes defended the maintenance of payment of the fine as a condition for the former deputy to obtain progression in the sentence. The understanding was followed by the other ministers who have already expressed themselves.

In the questioned decision, Moraes had rejected the request to waive the fine and authorized its payment in 24 monthly installments of R$ 18,847.30, totaling R$ 452,335.03.

Jefferson's defense argued that the fine was excessive and confiscatory in nature. The lawyers also argued that the installment plan imposed by the Court jeopardizes the subsistence of the former parliamentarian and his family.

They asked for recognition of an alleged material error in setting the fine or, alternatively, that the installments be limited to 20% of the value of the pension received by Jefferson.

When voting, Moraes stated that the appeal did not present arguments capable of dismissing the foundations of the previous decision. According to the minister, the STF jurisprudence allows exceptions to the payment of the fine only when there is proof of absolute economic impossibility, a situation that, in the rapporteur's assessment, was not demonstrated by the defense.

The minister also highlighted that the understanding consolidated by the Supreme Court provides that non-payment of fines imposed by the Court may prevent the progression of the regime, except in cases where the convicted person proves financial incapacity to fulfill the obligation.

The PGR (Attorney General's Office) also spoke out against the appeal. For the body, the elements presented by the defense are insufficient to prove a situation of financial incapacity that justifies the review of the conditions imposed for regime progression.

Jefferson was sentenced by the STF plenary in December 2024 to a total sentence of more than nine years of imprisonment and detention, in addition to payment of a fine, for several crimes provided for in the old National Security Law, the Penal Code and the Racism Law.

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Source: CNN