Overview
- On March 10, the STF’s Second Panel upheld the archiving of a criminal complaint, clearing Deputy Gustavo Gayer of injúria and defamation alleged by Senator Jorge Kajuru.
- Relator Kassio Nunes Marques concluded the remarks are shielded by parliamentary immunity that extends to mass media and social networks.
- Ministers André Mendonça, Luiz Fux and Dias Toffoli joined the relator, resulting in a unanimous decision to reject the complaint.
- Gilmar Mendes concurred in dismissing the case but said immunity did not apply because the posts were unrelated to the mandate, citing freedom-of-expression grounds and lack of penal relevance.
- The case stemmed from a 2024 social-media video in which Gayer called Kajuru “psicopata,” “caricatura” and “ser enlouquecido,” after an initial monocratic dismissal in 2024 and a February pause for additional review.