Gilvan Costa indicted by Brazil's Supreme Court for insults against Lula

The First Chamber of the Supreme Federal Court (STF) has unanimously accepted a complaint from the Prosecutor General's Office against Federal Deputy Gilvan Costa, known as Gilvan da Federal (PL-ES), turning him into a defendant in a criminal action for injury.

The indictment stems from statements made by the deputy on April 8, 2025, during a session of the Chamber of Deputies' Public Security Commission. During the debate, Costa referred to President Luiz Inácio Lula da Silva as an “ex-convict” and “uncondemned,” and expressed a desire for the President's death.

Justice Cármen Lúcia, the rapporteur, ruled that parliamentary immunity does not apply in this instance. She noted that while immunity covers opinions expressed within the legislature, it does not automatically extend to the subsequent dissemination of content outside of parliament by the legislator's own initiative, especially when the remarks lack political criticism or administrative oversight and are intended solely to offend.

Although the deputy partially retracted his statements, claiming he had exaggerated, the Supreme Court determined there were sufficient elements to proceed with the criminal prosecution.