Criminal appeal 5085 (minutes 89 of 1976)

  • Rapporteur: Justice Djaci de Moinhos Pinheiro.
  • Appellant: José Celso de la Roque.
  • Fact: In an interview to Veja Magazine, José Celso stated that the minister Rei Velloso, of the Ministry of Planning, “has no character”.
  • Crime: art. 36 of Decree Law 898
“Art. 36. To offend the honor or dignity of the President or Vice President of the Republic, of the Presidents of the Federal Senate, of the House of Representatives, of the Federal Supreme Court, of Ministers of State, of Governors of States or Territories, and of the Mayor of the Federal District: Penalty: imprisonment, from 2 to 6 years. Sole Paragraph. If the crime is committed by means of the press, radio or television, the penalty shall be increased by half, in addition to the fine of 50 to 100 times the value of the highest minimum wage in force in the country, if the responsibility rests with the director or person in charge of such entities of the press, written and spoken”.
  • Appeal: Appeal against the decision that rejected a plea for lack of jurisdiction of the Military Justice.
  • Grounds: Political crime demands action with the purpose of attacking the Government. Potential harm to national security. There is no real and concrete danger.
  • Argument: Heleno Fragoso