Former deputy allegedly went to the hospital and therefore returned home after 10pm, violating the rules of his probation
The defense of former deputy Daniel Silveira (no party-RJ) said that he had a kidney crisis and needed to go to the hospital and therefore returned home after 10pm, violating the rules of his parole.
Silveira this Tuesday (Dec 24, 2024). The determination came from the minister of the STF (Supreme Federal Court) Alexandre de Moraes. According to the magistrate, the former deputy disrespected the condition of staying at home from 10pm to 6am.
Lawyer André Rios classified it as “arbitrariness” the arrest of his client. The defense claims that Silveira had to go to Santa Tereza Hospital, in Petrópolis (RJ), with a medical emergency at 10:59 pm on Saturday (Dec 21) and was only released at 12:34 am on Sunday (Dec 22). Exams and a certificate were attached to prove that he received medical care.
Moraes said that there was no judicial authorization for Silveira to be taken to the hospital and it still took him more than an hour and a half to get home after the medical care reported by the defense.
“There was no violation and the journey from the hospital to his residence was normal. A person with a kidney crisis cannot wait for authorization from the Judiciary to seek medical care. Daniel Silveira has a history of kidney stones and often has crises. Denying Daniel medical care is part of an extensive list of violated rights. Daniel is a political prisoner and his case must be taken to international human rights mechanisms.”said lawyer André Rios in a note sent to Brazil Agency.
The opposition criticized Moraes’ decision. The deputy (PL-GO) called the decision “demonstration of sadism”.
“Daniel Silveira had a kidney crisis, went to the hospital and returned to his home (which is far from the hospital) and was arrested, once again, illegally. This is why you should arrive home after 10pm. Remembering: we are not talking about a rapist, drug dealer, corrupt person or murderer, but about a parliamentarian arrested for using the word”wrote the deputy (PL-MG).
“There was no non-compliance, Daniel had to go to the hospital. It’s a lot of cruelty towards a human being who has already been through a lot of cowardice.”declared the deputy (PL-RJ).
MORAES DECISION
“On his first day on conditional release, the convict disrespected the conditions imposed, because –according to information provided by SEAPE/RJ–, on December 22nd, he only returned to his residence at 2:10 am, that is, more than 4 hours of the cut-off time set in the judicial conditions”says the Court minister in the decision. Here’s the (PDF – 149 kB).
on Friday (Dec 20), parole for the former deputy. He has been in prison since February 2023.
Silveira in prison in 2022 for statements against STF ministers. The measure was taken after the Supreme Court annulled the constitutional grace decree granted by the former president (PL) to the then federal deputy to prevent the beginning of the sentence.
When deciding on the former deputy’s provisional release, Moraes established a series of restrictions and measures that would have to be followed by Silveira. They are:
- mandatory use of electronic ankle bracelets;
- proof of formal employment within 15 days;
- prohibition of communicating with those investigated in actions related to coup acts;
- prohibition of using social networks and messaging applications;
- weekly attendance at the Criminal Execution Court to prove address and work activity;
- prohibition on leaving the region of residence and obligation to retire at night from 10pm to 6am, including Saturdays, Sundays and holidays;
- prohibition of giving interviews or demonstrations to the press;
- passport suspension and prohibition on issuing a new document;
- prohibition on possessing or carrying a firearm or attending shooting clubs.
UNDERSTAND
Daniel Silveira, rapporteur of the case, was arrested on the same day as February 16, 2021. He also makes accusations against members of the Court, such as allegedly receiving money to make decisions.
In addition to Moraes, Edson Fachin, Roberto Barroso, Dias Toffoli, Gilmar Mendes and Marco Aurélio were mentioned. Of the then composition of the Court, only Cármen Lúcia, Nunes Marques, Ricardo Lewandowski and Rosa Weber were not mentioned. Find out more, in which there is a transcript of Silveira’s statements.
The former congressman spent almost 8 months under house arrest, being monitored by an electronic ankle monitor. In November 2021, Moraes determined precautionary measures to be adopted by him, including a ban on the use of social networks and maintaining contact with others investigated in the investigation investigating the existence of an alleged digital militia.
In March 2022, Moraes. It also banned him from participating in public events, and only allowed him to leave Petrópolis (RJ), where he lives, to travel to Brasília because of the mandate.
The congressman on March 31st. Silveira had installed the device the day before. He decided to place the device after Moraes determined R$15,000 per day if the equipment was not fixed. The deputy.
The complaint against the deputy was presented by the PGR on February 17, 2021. Daniel Silveira was sentenced by the STF in April 2022 to 8 years and 9 months in prison. The following day, then-president Bolsonaro granted Silveira a presidential pardon, pardoning the sentence. In May 2023, the STF annulled the pardon.
On February 2, 2023, Silveira was left without a mandate and lost his privileged jurisdiction. Moraes ordered his arrest for failure to comply with precautionary measures. Since that date, the former deputy has been in prison.
