Criminal Appeal 5,085 (Minutes 89 of 1976) – Heleno Cláudio Fragoso

• Rapporteur: Justice Djaci de Moinhos Pinheiro.
• Appellant: José Celso de la Roque.
• Fact: In an interview with *Veja* magazine, José Celso stated that Planning Minister Rei Velloso “lacks character.”
• Crime: Art. 36 of Decree-Law 898

“Art. 36. Offending the honor or dignity of the President or Vice-President of the Republic, the Presidents of the Federal Senate, the Chamber of Deputies, or the Supreme Federal Court, Ministers of State, Governors of States or Territories, or the Mayor of the Federal District: Penalty: imprisonment for 2 to 6 years. Sole Paragraph. If the crime is committed via the press, radio, or television, the penalty shall be increased by half, in addition to a fine of 50 to 100 times the value of the highest minimum wage in effect in the country, should liability lie with a director or person in charge of such print or broadcast media outlets.”

• Appeal: Appeal against the decision rejecting a plea of ​​lack of jurisdiction of the Military Justice system.
• Fundamentals: A political crime requires an act intended to undermine the government. It involves a potential threat to national security but does not entail actual, concrete danger.
• Oral Argument: Heleno Fragoso