Minister Alexandre de Moraes, of the Federal Supreme Court (STF), authorized hacker Walter Delgatti Neto to serve the rest of his sentence in a semi-open regime. Delivered this Monday (12), the decision responds to a request from Delgatti’s lawyers.
When requesting that the Court authorize Delgatti’s progression to the semi-open regime, the defense claimed that the hacker had already served more than 20% of the eight years and three months in prison to which the First Panel of the STF sentenced him, in May of last year.
The hacker was found guilty of having invaded and inserted fraudulent documents into the electronic system of the National Council of Justice (CNJ) ─ including an arrest warrant and an order to breach banking secrecy against Moraes.
In this same action, former federal deputy Carla Zambelli was sentenced to ten years in prison and the loss of her parliamentary mandate for ordering the crimes of hacking a computer device and misrepresentation committed by Delgatti.
PGR opined in favor
Delgatti has been imprisoned in a closed regime since August 2023. On the 22nd, the Attorney General’s Office (PGR) expressed support for the progression of the regime. According to the Attorney General of the Republic, Paulo Gonet, the hacker had already served, at the time, more than one year and 11 months in prison, or the equivalent of 20% of the sentence, and was therefore entitled to progression to semi-open prison.
“Furthermore, the certificate of prison conduct issued by the prison unit attests that the re-educated Walter Delgatti Neto presents good prison behavior. In this way, the objective and subjective requirements required for prison progression are met”, said Gonet when responding to the request from Moraes, rapporteur of the criminal execution process and the progression request made by the defense.
Hacker could return to prison
In his decision this Monday, Moraes highlighted that, in fact, Delgatti meets the legal requirements and is entitled to access “regimes [penas] less rigorous”, but which will return to the closed regime if he is convicted in another process or commits a new intentional crime or serious misconduct.
Delgatti is also facing another lawsuit for hacking into the personal accounts that public authorities such as the then federal judge Sergio Moro and public prosecutors maintained on the messaging app Telegram and, subsequently, leaking the content of the illegally obtained conversations.
The court has already sentenced him, in the first instance, to 20 years in prison. As, in this case, there are still appeals, the hacker has not yet started serving the sentence.
