The minister of the (Supreme Federal Court) rejected again, this Thursday (26), the request for freedom made by the defense of the former federal deputy.
The former parliamentarian had been released last Friday (20), after serving a third of his sentence. On Tuesday (24), however, after Moraes’ decision
Moraes said, in his decision, that Silveira’s own defense, summoned to provide clarifications about the violations that occurred, confessed to Silveira’s failure to comply with the precautionary measures.
According to the minister, the restrictive measure “was extremely clear” and determined that he was prohibited from leaving the district and was obliged to go home at night, from 10pm to 6am, as well as on Saturdays, Sundays and holidays.
The minister also refuted the defense’s allegation that there was obscurity, omission, contradiction or material error in the decision that denied Silveira’s freedom.
“Only absolute bad faith or a regrettable lack of knowledge of criminal procedural legislation can justify the defense’s allegations. This same judicial restriction was recently determined in more than 1,100 cases related to the crimes of 8/1, all of which were observed in full and without any confusion of understanding”, he stated.
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.
In a petition sent to the STF before the parole was revoked, Silveira’s defense attached a medical record and justified that the former deputy felt “severe back pain” on Saturday night and was taken “urgently to the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 the new request, the defense “warned” the minister to evaluate “prudently and cautiously” the act carried out, “as it is putting the applicant’s life and health at risk, and could cause very serious bodily harm.” He also claimed the risk of worsening kidney problems and “humanitarian issues”
In this Thursday’s order, Moraes had 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.
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.
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