The Minister of the Federal Court (STF) Alexandre de Moraes rejected on Saturday (28) the new request for freedom of the former federal deputy Daniele Silveirapresented by his defense. Silveira was arrested last Tuesday by the Federal Police (24) on charges of failing to comply with the conditions established for his parole, granted in December 2023.
According to the decision, Silveira violated the court order by circulating in public places outside of permitted hours, including a shopping center in the city of Petrópolis. The restrictions required him to stay at home from 10pm to 6am on weekdays and all day on weekends and holidays. According to Moraes, Silveira’s movements were monitored and nine irregular movements were identified in recent times.
Silveira was granted parole on December 20, 2023, after serving a third of his sentence. Moraes’ decision highlighted, at the time, that the benefit was linked to strict compliance with the conditions imposed, which included the ban on leaving the district without judicial authorization and the use of an electronic ankle bracelet for constant monitoring.
Silveira’s defense questions the clarity of the decision
In the release request presented on Friday (27), Silveira’s defense argued that the rules established by the minister were ambiguous. Lawyers said they believe the former MP will be allowed to move around freely on weekends and holidays as long as he respects the night curfew. Also classified as “impostor” the accusations of failure to comply with control measures, adding that there was no bad faith on Silveira’s part.
In his decision Moraes refuted the accusations and criticized the interpretation given by the defence. For the minister the conditions were there”extremely clear“, noting that the restriction has already been successfully applied to more than 1,100 people involved in the January 8 acts.”Only absolute bad faith or deplorable ignorance of the rules of criminal procedure can justify the defense’s assertions“Moraes wrote.
The minister also underlined that jurisprudence leaves no room for doubt on the interpretation of these measures, reiterating that any movement outside the imposed conditions constitutes a direct failure to comply with the court order.
A history of controversy
Silveira’s arrest in January 2022, after the publication of videos containing attacks against the STF and court ministers, marked the start of a series of legal clashes. Sentenced to eight years and nine months for inciting anti-democratic acts and threatening institutions, Silveira was arrested several times for violating the conditions imposed by the Court, including the use of an electronic ankle bracelet and movement restrictions.
In 2023, after serving part of his sentence, the former MP was granted parole, but was again accused of failing to comply with the conditions. Since then, the defense has argued that the restrictions were excessive and that Silveira was monitored disproportionately compared to other defendants in similar cases.
It didn’t surprise me at all. When he entered the game, Alexandre de Moraes used convincing terms to dissuade the senators. Brazil is not for amateurs…
— Daniel Silveira (@DSsemperfidelis) February 1, 2023
Source: Terra
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