Former deputy arrived at the location at 10:59 pm on Saturday (Dec 21), after the time allowed by the Court; defense claims that Silveira went to the scene because of a kidney crisis
A medical bulletin issued by the Santa Teresa hospital, in Rio de Janeiro, confirmed that former deputy Daniel Silveira (no party) was admitted to the hospital at 10:59 pm on Saturday (Dec 21, 2024) – after the time allowed by the Court – for cause of a kidney crisis. Here is Silveira’s exams (3 MB – PDF).
Daniel Silveira’s defense said that the former deputy had a medical emergency and needed to go to the hospital. Therefore, he did not have time to request judicial authorization and returned home after 10pm, violating probation rules.
However, in addition to going to the hospital, data from the electronic ankle bracelet indicate that Silveira also spent time in a luxury condominium in Rio. In the decision, Moraes wrote: “If that wasn’t enough, the release from the hospital – if the stay actually existed – occurred at 0:34 am on December 22nd, with the time violation lasting until 2:10 am”.
According to the former deputy’s defense, Silveira stopped by his current wife’s house. “He went to pick up his wife at another address, as she does not feel safe in any way staying at her current address, due to overexposure and insecurity, as she would keep her company at the hospital”declared the former deputy’s lawyers.
The portal confirmed the appointment with doctor Gabriel Moreira, responsible for the service. Moreira did not give details about Silveira’s health condition, but said he had already given a statement to the Federal Police about the case.
UNDERSTAND
Silveira was arrested again this Tuesday (Dec 24) by order of STF (Supreme Federal Court) minister Alexandre de Moraes. According to the judge, the former congressman disregarded the condition of staying at home from 10pm to 6am.
In the decision that determined the new arrest ( – PDF – 149 kB), Moraes stated that “strangely, on today’s date, the defense attached a petition stating that the sentenced person – WITHOUT ANY JUDICIAL AUTHORIZATION – would have been in a hospital, on 12/21, from 10:59 pm to 0:34 am on 12/22”
To the Poder360the lawyers also said that they had already informed in August this year about the former deputy’s health conditions due to kidney crises. Therefore, they asked for the progression of Silveira’s regime to semi-open and extramural regimes. Here’s the (PDF – 184 kB).
MORAES DECISION
In his decision, the minister wrote: “Right on his first day of 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 on dawn, that is, more than 4 hours after the time limit 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.
REMEMBER
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.