Moraes keeps Silveira in prison after the hearing and sees going to the hospital as an “alibi”

The minister Alexandre de Moraesof the Federal Supreme Court (STF), maintained the revocation of the conditional release that had been granted to the former federal deputy Daniel Silveira (no party-RJ) after the custody hearing held on Tuesday afternoon (24).

Without any measure to relax his prison sentence, the former parliamentarian will spend Christmas in jail, away from his family. Silveira was arrested again by the Federal Police (PF) this Tuesday, as ordered by Moraes, after having violated precautionary measures that had been imposed on him.

According to Moraes, on the first day of probation, the former parliamentarian broke the curfew and returned home after the stipulated time limit, 10 pm.

Daniel Silveira’s defense, in turn, claims that the former deputy had to rush to the hospital, because of severe pain in the kidney region, and ended up being discharged after the time determined in the precautionary measures. Moraes refuted this argument.

In the decision, the Supreme Court minister states that Silveira would have used the trip to the hospital as a “real alibi” to circumvent the prohibition on leaving his residence during that period. The magistrate listed information captured by the electronic ankle bracelet used to monitor the former deputy, as well as maps that indicate the movement made by Silveira between the night of December 21st and the early hours of the 22nd.

According to Alexandre de Moraes’ decision, Daniel Silveira will have to serve the remainder of his sentence, in a closed regime, in the Bangu 8 prison, west of Rio de Janeiro.

Parole revoked

Last Friday (20), Daniel Silveira was released on parole – as long as he complied with a series of measures, such as the mandatory use of an electronic ankle bracelet and the prohibition of accessing social networks, leaving the country, giving interviews and attending shooting clubs, nightclubs or gaming houses.

Another requirement was that Silveira be picked up at his residence at night, between 10pm and 6am. The former deputy would also have to prove a lawful occupation and appear weekly at the Capital’s Criminal Execution Court (VEP).

The benefit had been granted to Silveira because he had served a third of his sentence of 8 years and 9 months in prison. The former deputy also paid the fine that had been imposed on him. Moraes responded to a demonstration by the Attorney General’s Office (PGR), which defended parole.

At the time, Moraes noted that Silveira had good behavior in prison and did not commit “any disciplinary offense”, in addition to having demonstrated “good performance” in the work carried out in the semi-open regime.

In the decision that conditionally released Daniel Silveira, Moraes noted that, in case of non-compliance with any of the precautionary measures, there would be “the immediate return of the sentenced person to the closed regime of serving the remainder of the custodial sentence”.

Daniel Silveira was serving his sentence at the Marco Aurélio Vargas Tavares de Mattos Agricultural Colony, in Magé (RJ).

Arrested for threats to the Supreme Court

Daniel Silveira was arrested in early February 2023, one day after the end of his term in the Chamber. He even benefited from a pardon given by the then president Jair Bolsonaro (PL)but the measure was annulled last year by the Supreme Court.

In 2022, Silveira was sentenced to 8 years and 9 months in prison, initially in a closed regime, for the crime of threatening the Democratic Rule of Law. The then parliamentarian recorded videos in which he threatened and offended Supreme Court ministers.

According to the Court, the former deputy, who was one of Bolsonaro’s main allies, encouraged anti-democratic acts in the country. Silveira also responds for attempted coercion during the process.

In October of this year, Alexandre de Moraes authorized the former deputy to progress to the semi-open regime.