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Defense of Silveira files a new appeal to extinguish punishment and fines

The defense of federal deputy Daniel Silveira (PTB-RJ) presented, on the night of this Monday (27), an appeal against the fines imposed by Minister Alexandre de Moraes, of the Federal Supreme Court (STF), in addition to other precautionary measures established. by the magistrate.

In the appeal, Silveira’s defense asks that the deputy’s punishment be declared extinct and claims that there is “disproportionality” in the sanctions imposed by Moraes.

In the most recent decision, last Tuesday (21), the rapporteur of the case increased the total fine to R$ 975,000, in addition to passing from 25% to 35% the block on the parliamentarian’s salary. He also blocked Silveira’s wife’s accounts, and ordered her investigation for alleged “personal favoritism” to her husband.

Lawyer Mariane Andréia Cardoso, who represents Silveira in the case, asks that “sanctions for the alleged failure to comply with electronic monitoring be removed until the criminal expertise is carried out to assess the functioning of the electronic anklet, as requested in other opportunities”.

She also asks that “the application of a fine for the displacement of the aggravating [Daniel Silveira] to the state of Amazonas, since it is a question inherent to the exercise of the parliamentary mandate”.

The lawyer also requests that “the total ineffectiveness of the precautionary measures, including the fines imposed on the Appellant, be declared, canceling them retroactively, given the presumption of constitutionality of the Presidential Decree that granted individual pardon (grace) and the requests made by the Parquet [Ministério Público]”.

“According to what was pointed out by the PGR in its manifestation in the Criminal Action, the precautionary measures have a provisional and incidental character, so that they must be immediately revoked, even if the extinction of punishment is not immediately declared, which is admitted only for purposes argumentative”, argued Silveira’s defense.

The lawyer alleges that, “with the evident intention of affecting the Appellant, the rapporteur minister [Alexandre de Moraes] not only ignores ministerial understanding. There is a clear and unequivocal denial of jurisdiction when it fails to analyze, repeatedly, the requests of the defense and the prosecution, perpetuating the maintenance of precautionary measures in a totally unjustifiable way, denying validity to a perfect legal act (decree) that was not suspended by decision. court (injunction) despite such a request having been submitted within the scope of the ADPF”.

If Moraes does not review the decisions regarding the conviction and other punishments, the lawyer asks the plenary of the STF to analyze the regimental grievances.

The defense also requests that the Attorney General’s Office reflect on these actions. On the 14th, the PGR manifested itself to defend that the extinction of Silveira’s punishment be declared and that all precautionary measures retroactive to the date of publication of the constitutional decree of grace granted by President Jair Bolsonaro (PL) be revoked.

The federal deputy was sentenced by the STF in April for attacks on the Court and on democracy. Shortly after the STF decision, however, Silveira received a pardon from Bolsonaro, through a decree of “constitutional grace”.

(*With information from Gabriela Coelho, from CNN)

Source: CNN Brasil

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