The minister of the Federal Supreme Court (STF) Alexandre de Moraes decided, in a custody hearing this Tuesday (24), to maintain Daniel Silveira’s arrest. The former deputy, who had been in a semi-open regime since October this year, was arrested this Tuesday by the Federal Police, after failing to comply with the terms of his probation, according to the minister. 
In his order, Moraes says that Silveira had the opportunity, at the custody hearing, to clarify the reasons for non-compliance with the terms of his probation, but decided to omit his stay at the other residential address.
“In this way, it is clear that the sentenced person only used his trip to the hospital as a true alibi for the flagrant disregard for the mandatory judicial conditions for maintaining his conditional release”, wrote Moraes, in his decision.
Moraes not only maintained the prison, but also ordered the former deputy to return to the closed regime. After a custody hearing, he was transferred to the Bangu 8 unit, located in the Gericinó Complex.
Silveira had been released by decision of Moraes himself last Friday (20), but according to the minister, Silveira was away from home on Saturday night (21) and early in the morning on Sunday (22). For this reason, his parole was revoked and he was taken to the Benfica Public Prison, in the north of Rio.
Non-compliance
Silveira’s freedom was linked to the fact that the former deputy was not absent from home, in Petrópolis, in the mountainous region of Rio de Janeiro, between 10pm and 6am, on any day, without judicial authorization. But, on Saturday, he left home and only returned at 2:16 am on Sunday.
The defense argued that Silveira needed emergency medical care to treat a kidney crisis and, therefore, it was not possible to request authorization from the Judiciary. The lawyers reported that Silveira was in the hospital from 10:59 pm on Saturday to 0:34 am on Sunday.
In the order in which he maintains the arrest, Moraes showed Silveira’s movement, based on the GPS of the electronic ankle bracelet.
According to the minister, Silveira left home at 8:52 pm and went to another address in a residential condominium in the same municipality, where he remained until 9:30 pm. Only then did he go to the hospital, also in Petrópolis, staying there from 10:16 pm until 12:44 am the following day.
Upon leaving the hospital, Silveira reportedly went to the condominium where he was before, remaining there until 1:54 am. He didn’t get home until 2:16.
Defense
The group of lawyers defending Silveira released, at the end of the afternoon, a press release in which they consider Moraes’ decision “disproportionate, arbitrary, illegal and irrational”. They also inform that the failure to comply with the terms of the conditional release was justified.
*Material expanded at 5:30 pm to add the positioning of Silveira’s defense
