Defense says that the minister has kept the former deputy in a closed regime without progression for 200 days and that the action violates the Criminal Execution Law
The former federal deputy's lawyer Daniel Silveira (PTB-RJ), Paulo Faria, filed a request for investigation and arrest against the minister of STF (Federal Court of Justice) Alexandre de Moraes on Friday (March 29, 2024) for alleged crimes of “torture, abuse of power and malfeasance”.
In the complaint, sent to the PGR (Attorney General's Office), the lawyer states that Moraes has kept Silveira in a closed regime for “200 days beyond the legal deadline for progression to semi-open” and that the action violates the Criminal Execution Law. Here's the complete of the document (PDF – 756 kB).
“There is, without a doubt, assiduous and intentional conduct by this rapporteur to illegally prevent the progression of the regime to which he is entitled, including reprehensible and illegal juggling and subterfuge used in decisions, in clear illegal constraints that curtail the right to freedom”, said Faria in a document sent to the PGR.
In the petition, the lawyer states that the certificate of sentence to be served – a document that determines how long a convict will remain in prison – was only attached by Moraes 1 year after Silveira's conviction.
“It is an essential document for the defense to claim all the legally provided rights of those serving a sentence”, declares the defense.
Furthermore, Faria says he has filed 22 requests for sentence progression, since November 2023, and 7 habeas corpusfrom February to March 2024, which were “completely ignored” by Moraes “for mere pleasure”.
Understand
Daniel Silveira was sentenced by the STF in April 2022 to 8 years and 9 months in prison in an initial closed regime for statements against Court ministers. The following day, then-president Jair Bolsonaro (PL) granted Silveira a presidential pardon, pardoning the sentence.
In February 2023, Silveira was left without a mandate and lost his privileged jurisdiction. Minister Alexandre de Moraes determined his arrest for failure to comply with precautionary measures. Since that date, the former deputy has been in prison.
The complaint against the deputy was introduced for the PGR on February 17, 2021. The agency considered that a video published by the congressman the day before the complaint contained statements that go beyond “mere verbal excess, as they stir up followers and supporters” against the STF.
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