The minister of the (Supreme Federal Court) ordered, this Thursday (26), that the former federal deputy explain who he met when violating his probation.
The former parliamentarian had been released last Friday (20), after serving a third of his sentence. On Tuesday (24), however, Moraes’ decision indicated that he failed to comply with precautionary measures for his parole.
In this Thursday’s order, the STF minister orders Silveira to explain, within 48 hours, why he disobeyed the established conditions. Furthermore, he must clarify who he had contact with on Sunday (22) — he is prohibited from any type of contact, including through intermediaries, with other defendants.
Moraes detailed the location data of the former deputy, based on information sent by the Rio de Janeiro Penitentiary Administration Secretariat. He wears an electronic ankle bracelet.
According to geolocation information, Daniel Silveira was in nine different parts of the city of (RJ) on Sunday. Among the locations is a shopping center where he stayed for more than an hour. He was prohibited from leaving the house from 10pm to 6am and also on Saturdays, Sundays and holidays.
“As if the disrespect that occurred on Saturday and early Sunday morning was not enough, during the remainder of the 22nd (Sunday), the convict, in an inexplicable manner, remained outside his residence for more than 10 hours, from where he could not -for expresses legal determination—to be absent at no time”, says Moraes in the order.
In a petition sent to the STF before the parole was revoked, Silveira’s defense attached a medical record and justified that the former deputy felt “severe back pain” on Saturday night and was taken “urgently to the hospital in Petrópolis, for examinations doctors and appropriate medication.”
In this Thursday’s order, Moraes stated, based on geolocation details, that the former federal deputy did not present “any serious health problem”, contradicting the allegation made by his defense.
“Regrettably, it has been proven that in the two days immediately following the concession [da liberdade]the sentenced person ignored the judicial conditions set out in his conditional release”, says Moraes.
When deciding to maintain Silveira’s prison last Tuesday, after a custody hearing, Moraes had already indicated that he should visit another address, that of a condominium in the city where he passed before and after going to the health unit.
“The attempt to justify the unjustifiable is obvious, that is, the flagrant disregard for the judicial conditions imposed. There was no judicial authorization for the person to appear at the hospital, without any demonstration of urgency”, said the minister.
to eight years and nine months in prison in a closed regime in 2022, for the crimes of threatening the democratic rule of law, by attacking STF ministers and inciting anti-democratic acts.
The day after the conviction, the then president () . In May 2023, however, the Supreme Court decided that the pardon was a misuse of purpose, since the former deputy was a political ally of Bolsonaro, and annulled the pardon.
Silveira was released from prison last Friday (20), after minister Alexandre de Moraes granted parole, based on serving a third of the sentence. However, the minister imposed a series of precautionary measures to guarantee conditions of freedom.
Among the restrictions, the former deputy must wear an electronic ankle bracelet, be restricted to the state of Rio de Janeiro and avoid any contact with people investigated in the coup investigation. Furthermore, he was prohibited from using social media, giving interviews, visiting bars, gambling houses and shooting clubs.
