The problem was renal, just like on Saturday (Dec 21), when he went to the hospital emergency room and broke probation rules
The defense of the former deputy (no party-RJ) said that he felt ill on Wednesday (Dec 25, 2024) and needed to be seen by a doctor in the prison he is in, in Rio. The problem was renal, as well as on Saturday (Dec 21), when he needed to go to a hospital emergency room.
The former deputy was arrested again on December 24 after . At a custody hearing, the minister maintained Silveira’s arrest. Here’s the of the decision (PDF – 527 kB).
Silveira’s defense told the Poder360 that the former congressman’s painting “It’s getting worse” and he needs treatment, which was requested from Moraes in August. According to lawyers, the minister “ignored” the request.
In August, the defense spoke to the minister about the former deputy’s health conditions and his kidney crises. Here’s the (PDF – 184 kB). He also stated that he intends to denounce Moraes for “torture” to the (Inter-American Commission on Human Rights).
OR CASE
Lawyers claim that Silveira he had a kidney crisis and had to go to a hospital emergency room on Saturday night (Dec 21) and, therefore, returned home after 10pm, violating parole rules. The allegation is that there was a medical emergency and that there was no time to request the release of Justice.
Moraes, however, says that Silveira “he 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 was arrested again on Tuesday (Dec 24) by Moraes’ determination. 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 filed a petition stating that the sentenced person – WITHOUT ANY JUDICIAL AUTHORIZATION – had been in a hospital, on 12/21, from 10:59 pm to 0:34 am on 12/22”. For Moraes, there was “total disrespect for the Judiciary and legislation”.
Lawyers say the decision deserves to be reviewed by the “respect for the constitutional right to health, which is a GUARANTEE AND FUNDAMENTAL RIGHT”.
“The applicant, exercising his fundamental CONSTITUTIONAL RIGHT, sought, solely, medical attention to take care of his health, already fragile, and known to the court”says the defense.
The lawyers said that it would be difficult, during the forensic recess, to obtain authorization after 10pm on Saturday for Silveira to leave the house to go to the hospital. “Therefore, arresting a person for having gone to the HOSPITAL, for an EMERGENCY, without the judge’s authorization, at 10:20 pm, is an act that does not involve common sense, nor the good faith, so demanded of Daniel Silveira”the lawyers declare.
In addition to asking Moraes to reconsider his decision on Silveira and also for a release permit to be issued to the former deputy, the lawyers also want a direct number of an official or the minister himself to be made available to the defense so that, in the event of new emergency, you can ask permission to go to the hospital.
MORAES DECISION
In his decision, the minister wrote: “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”. Let’s go (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, the case’s rapporteur, 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.
