The defense of deputy Daniel Silveira (PTB-RJ) filed, on the night of this Friday (29), the answer to the Federal Supreme Court (STF) on the use of the electronic anklet and the pardon granted by President Jair Bolsonaro (PL).
The deputy’s lawyers argued that the decree that culminated in the pardon of Silveira’s sentence is constitutional and that the grace does not harm the separation of powers, in addition to the fact that a res judicata is unnecessary for the granting of pardon.
Regarding non-compliance with precautionary measures, such as the use of electronic anklets, Silveira’s defense claims that he had already asked Minister Alexandre de Moraes to replace the equipment, which would be damaged and malfunctioning.
“Therefore, the negligent was not the defense, much less the parliamentarian, it was this rapporteur when he ignored for the two hundred and ninetieth time a defense request not determining the immediate replacement of the equipment as required on 2, on April 9 and 13, 2022”, they said. the lawyers at the demonstration.
Last Tuesday (26), STF Minister Alexandre de Moraes determined that the defense of deputy Daniel Silveira should speak out on the two issues in the case file within 48 hours.
The congressman’s lawyers argued that they could file the response until 11:59 pm this Friday (29), as Moraes’ statement was published the following day, Wednesday (27), in the Federal Official Gazette.
However, the STF had already expired the deadline for receiving Silveira’s response, and the Court’s technical area understood that the defense decided not to comment within the required 48-hour period.
Now with the delivery possibly delayed, it will be up to the rapporteur of the case, Alexandre de Moraes, to decide whether or not to consider the manifestation of the representatives of the deputy.
In the order, Moraes stressed that the case will continue to be processed in the Supreme Court and that “among the effects not achieved by any pardon decree is the ineligibility resulting from a criminal conviction in a decision rendered by a collegiate judicial body.”
The process will proceed normally as there has not yet been “transit and judgment”, that is, appeals are still available. In addition, Bolsonaro’s pardon itself is pending evaluation by the STF plenary on its validity.
The Attorney General’s Office (PGR) will now also have to comment within 48 hours on the case.
The pardon given by President Jair Bolsonaro (PL) to Silveira on April 21 does not include the mandatory use of an electronic ankle bracelet, also imposed by the STF. It is only guaranteed that the parliamentarian will not need to serve the sentence of 8 years and 9 months in prison, in addition to other actions directly related to this sentence.
Source: CNN Brasil
