The Federal Police arrested the former federal deputy this Tuesday morning (24) in Petrópolis (RJ), for failing to comply with precautionary measures for his parole.
The arrest occurred by order of the minister, of the STF (Supreme Federal Court). Silveira will be taken to Bangu 8, in Rio de Janeiro. The former deputy had been free since Friday (20).
In the decision, Moraes says that on Saturday (21) — the first day of freedom — Silveira disrespected the conditions imposed in his parole and only arrived home at 2:10 am on Sunday morning (22). He was prohibited from leaving the residence from 10pm to 6am.
Silveira’s defense justified, in a petition sent to the Supreme Court, that the former deputy felt “severe lower back pain” on Saturday night and was taken “urgently to the hospital in the city of Petrópolis (RJ), for medical examinations and appropriate medication.” .
The lawyers attached Silveira’s medical records. The document shows that he went to the “unit [hospitalar] due to low back pain radiating to the flank and reports a history of kidney failure”.
Alexandre de Moraes, however, points out incompatibility of schedules. Silveira left the hospital at 0:34 am on Sunday and only arrived home at 2:10 am.
“The attempt to justify the unjustifiable is obvious, that is, the blatant disregard for the judicial conditions imposed. There was no judicial authorization for the person to go to the hospital, without any demonstration of urgency”, says Moraes.
The minister also said that Silveira “demonstrated, once again, his total disrespect for the Judiciary and Brazilian legislation, as he did on at least 227 occasions in which he violated and failed to comply with precautionary measures other than imprisonment during the entire criminal procedural investigation”.
A Sheet came into contact with Silveira’s defense and is waiting for positioning.
Daniel Silveira had been released from prison last Friday (20), after Moraes for having served a third of his sentence of 8 years and 9 months in prison with “excellent prison conduct”.
The minister, however, imposed a series of precautionary measures to maintain the right to freedom. He needed to wear an electronic ankle bracelet, was prohibited from leaving Rio de Janeiro and would have to stay at home at night, from 10pm to 6am, and on weekends and holidays.
The former deputy was also banned from using social media, giving interviews and visiting shooting clubs, bars, nightclubs and gaming houses. Moraes also defined that Silveira could not attend military ceremonies nor maintain contact with those being investigated regarding the 2022 coup plot.
Daniel Silveira would have to prove, within 15 days, what his new job will be. He had to present himself weekly to the criminal execution court, to prove the “effective exercise of lawful labor activity”.
When defining the rules for maintaining parole, Alexandre de Moraes said that he stipulated more obligations than the minimum provided 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 last Friday because he met all the requirements set out by law to leave prison. Moraes highlights that the former deputy was convicted of a common crime, not a heinous one, and completed two 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.
