Daniel Silveira’s defense denied this Friday (27) that the former deputy had violated precautionary measures while fulfilling his conditional release.
Yesterday (26), Minister of the Federal Supreme Court (STF) Alexandre de Moraes gave the former parliamentarian 48 hours to explain why he was away from home for around 10 hours and also went to a shopping mall in Petrópolis (RJ), last Sunday (22).
In the statement sent to the Supreme Court, the lawyers claimed that the minister’s decision that established the obligation to retire at night did not prohibit Silveira from leaving the house during the day.
The defense said that there was a syntax error in preparing Moraes’ decision. In the document, it is written that Daniel Silveira was prohibited from leaving the district and had the obligation to go home at night, from 10pm to 6am, as well as on Saturdays, Sundays and holidays.
“The expression, as well as on Saturdays, Sundays and holidays, second prayer, is directly linked to the time from 10pm to 6am, and not to any prohibition on being absent from the residence on such days, in full, as he lightly claimed. In other words, Daniel Silveira could move freely from Monday to Monday, with night collection starting at 10pm and ending at 6am”, claimed the defense.
The lawyers also disagreed with information from the Rio de Janeiro Penitentiary Administration Secretariat (Seap), which pointed out several violations of the electronic ankle monitor’s coverage area.
“As can be seen, there is no report of violation by Seap in the official report sent to it, therefore, the accusations of violation to go to the shopping mall are untrue and frivolous, as he made a point of inserting, giving support to the media vultures to persecute Daniel Silveira, with satire and lies”, concluded the defense.
Understand
On Tuesday (24), the former deputy was arrested by the Federal Police (PF) after failing to comply with the rule that established the 10pm time for night collection. The measure was established in the conditional release, a benefit that was revoked by Moraes after the episode. According to the minister, last weekend, Daniel Silveira was admitted to a hospital, without judicial authorization.
According to Moraes, Daniel Silveira could not spend the day outside his residence. In the minister’s opinion, the behavior shows that Silveira “ignored” the conditions of his conditional release.
In 2023, the former deputy was sentenced by the STF to eight years and nine months in prison for the crimes of attempting to prevent the free exercise of powers and coercion during the process by making insults and threats against the Court’s ministers.
Last week, Moraes authorized conditional release from the sentence, but the benefit was revoked after non-compliance with precautionary measures.