It is the second defense appeal rejected by the Court this month alone; the former deputy was sentenced to 8 years and 9 months in prison for statements against ministers
The STF (Supreme Federal Court) denied a request to increase the sentence from closed to semi-open regime of former federal deputy Daniel Silveira (no party), convicted of statements against Court ministers. The process is being carried out in secret from the courts. Here is the full text (PDF – 116 kB) of the vote.
Silveira, affiliated with the PTB in Rio de Janeiro at the time of his arrest, in February 2021, received a sentence of 8 years and 9 months in prison under an initial closed regime and was fined R$192,500.
A video published by the congressman 1 day before the complaint from the PGR (Attorney General’s Office) to the Court in February 2021 contains, according to the body, statements that go beyond “mere verbal excess, as they stir up followers and supporters” against the STF.
The trial of the appeal against the decision concluded in the virtual plenary on Friday (April 26, 2024). All ministers followed the vote of rapporteur Cristiano Zanin, who denied habeas corpus.
In his vote, the rapporteur understood, upon re-examining the records, that the decision that granted the sentence of 8 years and 9 months “does not deserve reform or any correction” for being in line with the Court’s jurisprudence.
On April 3 of this year, minister Alexandre de Moraes had already denied the extension of the former federal deputy’s sentence. Furthermore, he imposed a fine of R$2,000 per “bad faith’s litigation” against the STF.
In the same decision, Moraes decided to fine lawyer Paulo Cesar Rodrigues de Faria R$ 2,000 for the successive presentation of actions with the same arguments already removed in relation to the period of sentence that had already been served when trying to reduce it. The minister cited at least 4 petitions presented by the lawyer.
Understand
The complaint against the deputy was presented by the PGR on February 17, 2021. Daniel Silveira was sentenced by the STF in April 2022 to 8 years and 9 months in prison. The following day, then-president Jair Bolsonaro (PL) granted Silveira a presidential pardon, pardoning the sentence. In May 2023, the STF annulled the pardon.
In February 2023, Silveira was left without a mandate and lost his privileged jurisdiction. Minister Alexandre de Moraes ordered his arrest for non-compliance with precautionary measures. Since that date, the former deputy has been in prison.
Tags: Unanimously STF denies request sentence progression Daniel Silveira
