Lawyers claim that Moraes was silent in analyzing previous requirements; They claim that departure is straightforward and not a “favor”
The defense of the former federal deputy (No Party-RJ) filed a new request on Monday (24.mar.2025) to the Supreme Court Minister Alexandre de Moraes so that the former consisting can work and study.
According to the defense, Moraes has been “Omissive” when analyzing the requirements. State that, in the last request, the minister analyzed only the request for temporary departure in Easter – that – And not all the action, which included the authorization for work and study.
Also according to the lawyers, Silveira is entitled to the benefit and the decision is not “A favor”. They also claim that the former deputy has good behavior and has already served more than 1/3 (one third) of the penalty, being entitled to the benefit provided for in article 123 of the Criminal Execution Law.
“Not removing the remarkable knowledge of the magistrate, it is up to the attention that this is not a request for favor, but, of the applicant’s right, as advocated in Law 7.210/83, as is extracted from the intelligence of article 122, item II”, says an excerpt from the document.
Silveira has been arrested since February 2023 and had served semi -open regime since October 8, 2024. on December 20, 2024, but was revoked on December 24 later by .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. Here of the decision (PDF – 527 kb).
Silveira fulfills the semi -open regime at the Marco Aurélio Vergas Tavares de Mattos Agricultural Colony in Magé, Rio de Janeiro, where he can work by cultivating native Atlantic Forest tree seedlings for reforestation projects.
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.
