The Federal Supreme Court (STF) denied the request for sentence progression to the former deputy Daniel Silveira. The defense requested the progression from the closed to the semi-open regime, but the appeal was rejected by the reporting minister, Cristiano Zanin, who was followed by his peers.
Zanin stated that the decision was in accordance with STF Summary 606, which says: “it is not appropriate habeas corpus originating for the full court of a class or plenary decision, handed down in habeas corpus or in the respective resource”.
Daniel Silveira’s lawyer, Paulo Faria, criticized the Court’s decision. “Precedent 606 could never suppress a fundamental guarantee of the Constitution, the habeas corpus“, he wrote in a post on X (formerly Twitter).
This is the second request for sentence progression made by Silveira’s defense that has been denied by the STF. At the beginning of the month, minister Alexandre de Moraes also denied a similar request and also imposed a fine of R$2,000 for litigation in bad faith.
Daniel Silveira is an ally of former president Jair Bolsonaro (PL). He was sentenced, in 2022, to eight years and nine months in prison for attacking STF ministers. The following day, Bolsonaro, still in office as president, used one of his prerogatives to apply the pardon and guarantee Silveira’s freedom.
To forgive his ally’s sentence, Bolsonaro stated that he was respecting the “inviolability of the opinion provided for in the Constitution” and that society had been moved by the former parliamentarian’s arrest.
In 2023, the STF annulled the pardon. Furthermore, Silveira lost his mandate as deputy and, consequently, the so-called privileged forum. Since then, he has served the sentence initially established in the process.
Editing: Geisa Marques