Defense denies irregularities and again asks for Daniel Silveira’s release

The defense of Daniel Silveira denied this Friday (27) that the former federal deputy had violated precautionary measures while fulfilling his conditional release.

On Thursday (26), the 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 even 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 claims 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 to his residence at night, from 10 pm to 6 am, as well as on Saturdays, Sundays and holidays.

“The expression ‘as well as on Saturdays, Sundays and holidays’, the 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 frivolously claimed. In other words, Daniel Silveira could move freely from Monday to Monday, with nightly collection starting at 10pm and ending at 6am”, claimed the defense.

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STF had established a series of requirements for the former deputy’s parole, such as the use of an electronic ankle bracelet, a ban on using social media and home confinement at night.

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”, added the defense.

Understand the case

On Tuesday (24), the former deputy was arrested by the Federal Police (PF) after failing to comply with the rule that established the 10 pm 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 The measure was established in the conditional release, a benefit that was revoked by Moraes after the episode.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.

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José Luis Oliveira Lima also stated that, after those being investigated become defendants, the participation in the process of minister Alexandre de Moraes, of the Federal Supreme Court (STF), will be questioned

According to Moraes, Silveira could not spend the day outside his residence. In the minister’s opinion, the behavior demonstrates that Silveira “ignored” the conditions of conditional release.

In 2023, the former deputy was sentenced by the STF to 8 years and 9 months in prison for trying to prevent the free exercise of Powers and for 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.