Minister Alexandre de Moraes, of the Federal Supreme Court (STF), authorized this Monday (7) former deputy Daniel Silveira to serve a sentence in a semi-open regime. The decision meets the defense’s request and received a favorable opinion from the Attorney General’s Office (PGR).
According to Moraes, Silveira met all the requirements for the so-called regime progression.
In addition to having completed a quarter of his sentence, the former congressman has good behavior. Criminological examinations also confirmed the possibility of progression to semi-open.
“In relation to the subjective requirement, in addition to the presence of good prison behavior, accepting the PGR’s statement, it was determined that a criminological examination be carried out with the sentenced person, in accordance with article 122, § 1, of the Penal Executions Law and, subsequently, on 23/ 9/2024, the completion of the criminological examination carried out was determined”, said Moraes, in the decision.
The former deputy has been imprisoned in a closed regime in Bangu 8, in Rio de Janeiro, since February 2023. With the move to the semi-open prison, he will have to be transferred to another prison unit. The new sentence regime allows the prisoner to work during the day outside the prison.
The Attorney General’s Office was in favor of progressing to the semi-open regime.
According to the psychological reports, Daniel Silveira “recognizes his own responsibility for the crime” and the “legitimacy of the sentence imposed on him, evaluating his behavior at the time of the events as inappropriate and affirming his intention to no longer commit them”.
Another report, prepared by social assistance, concluded that the former deputy “recognizes that his attitudes that resulted in his arrest were thoughtless acts and that he should have had more filter in his actions, given that he held a public position”.
The former deputy was sentenced by the STF to eight years and nine months in prison for threatening the democratic rule of law and inciting violence against STF ministers. He was also fined, which in updated values is equivalent to R$247,100.
The trial ended in April 2022.
Conviction
Silveira’s conviction refers to a video published by the then deputy in February 2021 on social media with insults, threats and accusations against Supreme Court ministers.
In the video, he used profanity against the judges and accused some of receiving money for decisions. He was arrested red-handed on the orders of Alexandre de Moraes.
In March 2021, Silveira was placed under house arrest and, in November, Moraes revoked the measure and imposed the obligation of precautions, such as prohibiting the use of social networks.
In this case, the Attorney General’s Office (PGR) filed a complaint with the STF against Silveira.
Having become a defendant, he went on trial at the Court on April 20, having been convicted by a score of 10 to 1. Nunes Marques voted for acquittal, and André Mendonça, for a lesser sentence. Nine judges voted for the sentence of eight years and nine months in prison.
The day after the conviction, then-president Jair Bolsonaro issued the decree of constitutional grace, granting Silveira a pardon.
The STF later overturned the pardon, considering the measure unconstitutional.
