PGR defends Daniel Silveira’s move to semi-open regime

The Attorney General’s Office (PGR) argued, this Wednesday (2), that former deputy Daniel Silveira can be transferred from the closed to the semi-open regime. Silveira has been in prison since February 2, 2023.

Minister Alexandre de Moraes, rapporteur of the case, requested the PGR’s opinion after the former parliamentarian’s defense filed a new request for release. The deputy attorney general of the Republic, Hindenburgo Chateaubriand, signed the statement.

“Once the steps have been taken and compliance with the subjective requirements has been confirmed, it is necessary to grant the benefit, in accordance with art. 112 of the Criminal Execution Law”, wrote Chateaubriand.

Lawyer Paulo Faria, who represents Silveira, told People’s Gazette that your client has already exceeded the 25% percentage required by law to serve the sentence in a closed regime. The excess period for detention has already reached 150 days. Now, it is up to Moraes to authorize the regime progression or not.

PGR requested a criminal examination of Daniel Silveira

In August, the PGR requested a criminological examination and a certificate issued by the Rio de Janeiro prison establishment, where Silveira is serving his sentence. The Penitentiary Administration Secretariat (Seap) issued reports and considered that the former deputy could progress in regime.

At the time, Silveira’s defense classified the PGR’s request as “another subterfuge to delay progression” and an “abuse of authority and torture”. Seap-RJ pointed out that the former parliamentarian’s behavior in the Bangu 8 prison went from “excellent” in February this year to “excellent” in August.

In addition, reports issued by secretariat professionals specialized in the areas of psychology, social assistance and psychiatry, with a positive opinion on progression.

“We assess that there is, at the moment, no impediment to the granting of the requested benefit, from a psychiatric point of view”, says the document signed by a doctor from the Hospital Penal Psiquiátrico Roberto Medeiros on September 3rd.

Prison and fine of R$270 thousand

In April 2022, the Supreme Court sentenced the former deputy to 8 years and 9 months in prison under a closed regime and imposed a fine of R$270,000 (in corrected values). In July of this year, Silveira’s defense paid the amount demanded by the minister.

The former deputy has been in prison since February 2, 2023, one day after the end of his term as federal deputy. In 2022, he was sentenced to eight years and nine months in prison, for threats and inciting violence against ministers of the Court.

The former parliamentarian’s sentence was pardoned by then president Jair Bolsonaro (PL), but the measure was annulled last year by the STF.