Daniel Silveira’s defense demands progression of Moraes’ sentence

The defense of former federal deputy Daniel Silveira (PTB-RJ) filed this Thursday (26), at the Federal Supreme Court (STF), a new request for regime progression. In the request, lawyer Paulo Faria points out that Silveira has served 16% of his sentence in a closed regime “for the unfair conviction he suffered”, that is, more than 500 days in a closed prison.

“The Criminal Executions Law provides for the right to progression of the regime, and upon reaching the percentage and meeting the legal requirements, the regime must be immediately changed to the least serious regime, in this case, the semi-open regime for work and study, duly proven in the records “, says the lawyer.

On October 14, Minister Alexandre de Moraes denied the defense’s request to reduce the sentence of 8 years and 9 months, related to alleged crimes of threat to the Democratic Rule of Law and coercion during the process. According to Moraes, the legislation does not provide for the revocation of the sentence based on the application of the new precautionary measures. And the minister also mentioned that Silveira repeatedly violated the measures, including breaking the rules on electronic monitoring.

Silveira’s lawyer reinforced that “progression is a right provided for by law, and is not linked to any discretionary act or will of the judge.”

“He[Moraes] You must comply with the law, otherwise you will commit the crime of abuse of authority, provided for in Law 13,869/19. Therefore, Daniel Silveira has the right to progression and must be transferred to the semi-open regime, by absolute legal imposition”, adds Faria.

The defense also informed that it “pursues the 100 days of house arrest mistakenly ignored by the Court, filing habeas corpus and appealing the decision in its own files, in order to remedy the illegality.”