Rapporteur rejected the request for the defense of the former deputy, who will continue in semi-open regime
The Minister of (Supreme Federal Court) Alexandre de Moraes voted on Friday (21.mar.2025) to keep the parole of probation to former Federal Deputy (No Party-RJ). Thus, he will continue in the semi -open regime.
“There is no illegality in the decision that maintained the revocation of the sentenced conditional release benefit, given the unequivocal demonstration of non -compliance with several occasions of the conditions set, without having the aggravation offered any minimally plausible argument, either through its technical defense, or during the justification hearing.”declared Moraes. Here (PDF – 136 kB).
The trial takes place in Virtual Plenary in the Supreme Court, where the 11 ministers deposit their votes without debating the matter. The analysis of Silveira’s request will end at 11:59 pm on Friday (28.mar.2025).
The defense of the former deputy filed an appeal in the Supreme for the ministers to evaluate the decision of the rapporteur, Alexandre de Moraes, of February 13, 2025. determined Silveira’s return to the semi -open regime in the agricultural colony of Marco Aurélio Vergas Tavares de Mattos, in Magé, Rio de Janeiro, where you can work cultivating seedlings of native Atlantic Forest trees for reforestation projects.
The former deputy has been in prison since February 2023 and had been semi-open regime since October 8, 2024. Had the freedom conditional On December 20, 2024, but was revoked on December 24 later by. On the day, at a custody hearing, Minister Alexandre de Moraes maintained the prison. This is the decision (PDF – 527 kb).
Failure to comply with rules
Lawyers claim that Silveira failed to comply with the rules of parole after having to go to the emergence of a hospital on Saturday night (21.Dens) because of a renal crisis. So he returned home after 10 pm. The claim is that there was a medical emergency and that there was no time to request the release of justice.
Moraes, however, says that Silveira “Only used your trip to the hospital as a true alibi for the blatant disrespect for the mandatory judicial conditions to maintain your deliverance.”. According to the magistrate, the former consisting disregarded the condition of staying at home from 10 pm to 6am, having returned home at 2:10.
In the decision that determined the new prison ( – PDF – 149 kb), Moraes stated that “Strangely, today, the defense joined a petition stating that the sentenced – any judicial authorization – would have 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”.
The lawyers said it would be difficult, during the forensic recess, to get permission after 10 pm on Saturday so that Silveira left home to go to the hospital. “Therefore, arresting a person for going to the emergency hospital, without authorization from the judge, at 10:20 pm, is an act that does not involve common sense, nor the good faith, so charged by Daniel Silveira.”declare the lawyers.
In August, the defense spoke to the minister about the health conditions of the former deputy and his kidney crises. Here (PDF – 184 KB). Also stated that he intends to denounce Moraes for “torture” has (Inter -American Commission on Human Rights).
Understand the arrest
Daniel Silveira was arrested rapporteur of the case, the same day as on February 16, 2021. It also makes accusations against court members, such as the alleged receipt of money to make decisions.
In addition to Moraes, Edson Fachin, Roberto Barroso, Dias Toffoli, Gilmar Mendes and Marco Aurélio were cited. From the then composition of the court, only Cármen Lúcia, Nunes Marques, Ricardo Lewandowski and Rosa Weber were not mentioned. Learn more in which there is the transcription of Silveira’s statements.
The former consisting was almost 8 months in house arrest, being monitored by an electronic anklet. In November 2021, Moraes and determined precautionary measures to be adopted by him, including the prohibition of the use of social networks and maintaining contact with others investigated in the investigation that investigates the existence of supposed digital militia.
In March 2022, Moraes . It also forbidden him to participate in public events, and only allowed him to leave Petrópolis (RJ), where he lives, to travel to Brasilia because of his mandate.
The Congressman on March 31. Silveira there the installation of the device the day before. He in putting the device after Moraes determines of $ 15,000 per day if the equipment was not fixed. The deputy .
The complaint against the deputy was filed by PGR on February 17, 2021. Daniel Silveira was convicted by the Supreme Court in April 2022 to 8 years and 9 months in prison. The next day, the then president Bolsonaro Silveira is a presidential pardon, forgiving the penalty. In May 2023, the STF annulled the pardon.
On February 2, 2023, Silveira was out of office and lost the privileged forum. Moraes determined his arrest for breach of precautionary measures. Since that date, the former deputy has been arrested.
