The former deputy had been sentenced to 8 years and 9 months in prison, in addition to the payment of a fine, for crimes related to threats to the state of democratic law and coercion during the process.
This Monday 29 September, Minister Alexandre de Moraes, of the Supreme Federal Court (Stf), authorized in the progression of the former deputy Daniel Silveira for the open regime. The decision imposes restrictions, such as the use of an electronic ankle, the obligation to justify the activities weekly to justice and the ban on accessing social networks.
Silveira had been sentenced in April 2022 to 8 years and 9 months in prison, in addition to the payment of a fine, for crimes related to threats to the state of democratic law and coercion during the trial.
The former parliamentarian, known for his performance together with the former president Jair Bolsonaro, served just over four years under closed regime, corresponding to about 25% of the sentence, a necessary requirement to request the change of the regime.
Condemnation and penalty service
The sentence initially determined the closed regime. However, during the arrest period, the defense presented documents that show that the former deputy had already paid the fine of about R $ 271 thousand and has fulfilled the minimum fraction necessary to progress in the open regime.
Moraes stressed that the criminological exam made with the condemned man has shown that he is able to carry out work activities. The analysis was one of the points considered in the decision that authorized the progression.
The office of the Prosecutor General (PGR) had also spoken favorably to change the regime, recognizing that the legal requirements were satisfied.
Restrictions imposed on the former deputy
Even in the open regime, Daniel Silveira will have to fulfill a series of obligations. It must prove to carry out professional activities, remain with an active electronic ankle and respect the home collection at the Times established by the Court.
Another determination is the ban on the use of social networks. In addition, Silveira will not be able to leave the state of Rio de Janeiro without judicial authorization and will have to appear weekly in court to justify its activities.
Medical situation and defense requests
During the execution of the semi -open sentence, in the Magé agricultural chain, in Baixada Fluminense, Silveira was already spending most of her time outside the prison. He obtained the authorization to leave daily to keep physical therapy sessions in Petrópolis, where he lives.
The former deputy underwent knee surgery in July and had medical relationships that recommended two physiotherapy sessions per day. The defense even asked for the arrest of the humanitarian chamber for six months, supporting the need for continuous treatment, but Moraes denied the request.
Alternatively, the minister granted the temporary authorizations to go to Silveira to participate in the private clinic indicated, initially for 30 days and, later, extended for another 90 days. The medical relationships presented also stressed that the former parliamentarian needs a daily follow-up, although the clinic works only on working days.
Source: Terra
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