This Wednesday (7), the defense of former deputy Daniel Silveira filed an appeal against the decision of the minister of the Federal Supreme Court (STF), Alexandre de Moraes, who denied the progression of Silveira’s sentence to semi-open.
In the decision, Moraes also ordered Silveira to “prove payment of the fine imposed” and ordered the issuance of a certificate of penalty to be served, “after which the other defense requests will be analyzed”.
“The conduct of ignoring resources and continuing with the process with a clear persecutory nature is seen as a ‘locomotive without brakes’, trampling on due legal process, and murdering the broad defense, contradictory and double degree of jurisdiction, in casuthe correct filing of a regulatory appeal to the collegiate, and such violations lead the process to the inquisition and application of the enemy’s criminal law, behold, you, eminent rapporteur, ignore the procedural law in a commonplace way, which should respect it” , says an excerpt from the petition filed by lawyer Paulo Faria.
When talking to the People’s Gazettethe lawyer said that Moraes does not want to consider, for criminal detention, the 100-day period that Silveira was under house arrest.
“It’s 100 days that he wants to suppress Daniel’s detraction, and that’s bad because he stays for that extra period. I argued that there is an understanding by the STF that criminal detention for precautionary measures other than prison is illegal. But he was under house arrest and his house was the only place he could stay, stay and move around. In other words, bedroom, living room and everything, nothing more, not another inch of his house. So, it is an obvious form of restriction of the right to come and go. O libertarian status his was completely violated. He was in prison, he just wasn’t behind bars, but he was inside his house. He couldn’t leave. So much so that they accused him of violating the ankle bracelet, of violating the seal, which is a lie, because the seal on the ankle bracelet he was using was analyzed by the federal police and it was found that there was no violation”, said the lawyer.
When commenting on Moraes’ demand that Silveira prove payment of the fine, the lawyer said that the former deputy was not even summoned by the Attorney General’s Office (PGR) to pay the fine.
“There is an understanding in the criminal execution of the STF itself that if the party proves that they are insufficient, that they are in no condition to pay, they are exempt from paying the fine, including in installments. And this is Daniel’s case because his CPF is cancelled, he has no account, he has no assets, he has no name, he has nothing else. He only has a physical body because, as a citizen, he is nullified. Moraes ordered to cancel everything. It’s as if he were dead, but alive, but without a CPF, without life, without anything, without freedom, without anything”, added Farias.