The minister of the (Federal Supreme Court) granted this Friday (20) conditional release to the former federal deputy.
The decision was taken after Silveira served a third of his 8 year and 9 month prison sentence with “excellent prison conduct” and no record of serious misconduct.
According to Moraes’ decision, Daniel Silveira will have to comply with a series of requirements to maintain his parole. He will have to wear an electronic ankle bracelet, is prohibited from leaving Rio de Janeiro and will need to be at home at night, from 10pm to 6am, and on weekends and holidays.
The former deputy will also remain banned from using social media, giving interviews and visiting shooting clubs, bars, nightclubs and gaming houses. Moraes also defined that Silveira will not be able to attend military ceremonies nor maintain contact with those being investigated regarding the 2022 coup plot.
Daniel Silveira will still have to prove, within 15 days, what his new job will be. He will have to present himself weekly to the criminal execution court, to prove the “effective exercise of lawful labor activity”.
In the decision, Moraes says that he stipulated more obligations than the minimum required by law because Daniel Silveira was convicted of “very serious crimes against the Democratic Rule of Law and Republican Institutions”
The minister also highlights that Silveira attacked the public administration and repeatedly failed to comply with the “precautionary measures other than imprisonment during the entire criminal procedural investigation”.
Parole was granted to Daniel Silveira because he met all the requirements set out by law to leave prison. Moraes highlights that the former deputy was convicted of a common, not heinous, crime and completed 2 years and 11 months of his sentence (one third) in the prison system.
“In relation to the subjective requirements, there is also proven good prison behavior during the execution of the sentence, without committing any disciplinary offense, and the ability to provide for one’s own subsistence through honest work, combined with good performance in the work assigned to him. assigned during the execution of the sentence”, says Moraes.
On Thursday (19), the (Attorney General’s Office) had expressed its support for Silveira’s release.
The PGR’s opinion was signed by Deputy Attorney General Hindenburgo Chateaubriand Filho and produced by order of December 12th by Moraes, after the defense’s request for conditional release.
On October 7, Moraes authorized the former parliamentarian to go to the semi-open regime. In the decision, the rapporteur stated that the Bolsonarista had good prison behavior.
Silveira was sentenced in 2022 to eight years and nine months in prison, in an initial closed regime, for the crimes of threatening the democratic rule of law by promoting attacks on court ministers and encouraging anti-democratic acts. He is also liable for coercion during the process.
A former military police officer, Silveira was arrested in 2021 after threatening Supreme Court ministers on video. The day after the decision, former president Jair Bolsonaro (PL) granted a pardon to the then deputy. In May 2023, the court understood that there was a misuse of purpose in granting the benefit because the former deputy was a political ally of Bolsonaro and annulled the pardon.
In July, the rapporteur because the former deputy had not paid the fine of 175 minimum wages, with correction, set by the Supreme Court when sentencing him.
In the October decision, the rapporteur stated that Silveira fulfilled the legal requirements for progression, such as serving 25% of the sentence, including 140 days of reduction achieved with study and work hours, and full payment of a fine of R$ 271 thousand.
