The minister of the (Supreme Federal Court) decided to maintain it and said that he lied by using a trip to the hospital as an alibi for visiting another address and failing to comply with precautionary measures.
Silveira had been released, after serving a third of his sentence, but was released on Tuesday morning (24), as determined by the minister, for his parole.
According to Moraes’ decision, Silveira left home at 8:52 pm on Saturday (21) and went to a condominium in Petrópolis (RJ), where he stayed until 9:30 pm. From there, the former deputy went to a hospital, where he remained from 10:16 pm to 12:44 am on Sunday (22).
Upon leaving the hospital, he returned to the condominium he had previously visited, staying there until 1:54 am and only then heading to his own home.
“At the custody hearing, held today at 11 am, the sentenced man had the opportunity to clarify the reasons for non-compliance with judicial conditions, having, however, chosen to omit his real displacement and his double stay, so he preferred to maintain the false version” , says Moraes’ decision.
In it, the minister states that “the sentenced person only used his trip to the hospital as a true alibi for the flagrant disregard for the mandatory judicial conditions for maintaining his release.”
Silveira’s defense justified, in a petition sent to the Supreme Court before Moraes’ determination, that the former deputy felt “severe back pain” on Saturday night and was taken “urgently to the hospital in Petrópolis, for medical examinations and appropriate medication.” .
The lawyers attached Silveira’s medical record, which says he went to the “unit [hospitalar] due to low back pain radiating to the flank and reports a history of kidney failure”.
Lawyer Paulo Faria, Silveira’s defender, said he informed the Supreme Court in August that the former deputy has been suffering from back pain due to a kidney problem. The first warning was given after Silveira passed a kidney stone. At the time, Paulo asked for the former deputy’s freedom due to his health problem.
Silveira’s defense also says that the former deputy “got a lot of rain” to go to and from the hospital in Petrópolis, which caused delays on the journey. “The ankle bracelet recorded all of this, so it [Secretaria de Administração Penitenciária do Rio] has the entire route”, concluded Paulo.
The Rio Penitentiary Administration Secretariat said that, at the request of the STF, “it communicated to the Court the movement report of the monitored person, which contained a violation of the electronic monitoring standards defined by court decision.” The former deputy will go to Bangu 8, in the west of Rio de Janeiro.
Silveira 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.
The day after the conviction, former president Jair Bolsonaro (PL) to the then deputy. The former parliamentarian also launched a candidacy for the Senate in 2022, for PTB-RJ, but was prevented from running.
In May 2023, the court understood that there was a misuse of purpose in granting the pardon because the former deputy was a political ally of Bolsonaro and.
