The Federal Supreme Court (STF) denied, this Saturday (28), a request from the defense of former deputy Daniel Silveira for him to remain on probation. After the defense deny Although Silveira violated the rules of the prison regime, Minister Alexandre de Moraes, rapporteur of the case, maintained the understanding that the former deputy disrespected the rules imposed for parole and should remain in prison.
The defense argued that there was a syntax error in preparing Moraes’ decision. Silveira’s lawyers argued that the decision that established the obligation to retire at night did not prohibit him from leaving the house during the day.
“Only absolute bad faith or a regrettable lack of knowledge of criminal procedural legislation can justify the defense’s allegations. This same judicial restriction [proibição de ausentar-se da comarca e obrigação de recolher-se à residência no período noturno, das 22h às 6h, bem como nos sábados, domingos e feriados]recently, was determined in more than 1,100 (one thousand and one hundred) cases related to the crimes of 8/1, all of which were observed in full and without any confusion of understanding”, states Alexandre de Moraes in the decision.
On Tuesday (24), Silveira was arrested by the Federal Police (PF) after failing to comply with the rule of retiring to his residence, in Petrópolis, in the mountainous region of Rio de Janeiro.
According to the minister, Daniel Silveira was away from home for around 10 hours, returned to his home at 2:10 in the morning and even went to a petrópolis shopping mall last Sunday (22). For Moraes, the geolocation report from the Rio de Janeiro Penitentiary Administration Secretariat (Seap) reinforces the lack of any serious health problemas was also alleged by his defense.
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 Supreme Court ministers.
Since October this year, Silveira had been serving a semi-open sentence. Last week, Moraes authorized parole, which has now been revoked.
