Daniel Silveira cites human rights and asks Moraes for house arrest after knee surgery

Daniel Silveira 's defense asked Supreme Court Justice Alexandre de Moraes , this Monday 28th, to grant house arrest to the former deputy, who is serving his sentence in a semi-open regime.

Silveira underwent knee surgery last Saturday, the 26th , to reconstruct his anterior cruciate ligament and repair his meniscus. Now, according to his defense, he will face a "delicate and extensive recovery."

In their petition to Moraes, the Bolsonaro supporter's lawyers call the Brazilian prison system "bankrupt and precarious." "The lack of hygiene, adequate ventilation, and access to clean water and basic sanitation make prisons conducive to the spread of disease."

Thus, the defense continues, converting semi-open prison into home confinement would be a decision issued “in a humanitarian manner and in respect of the Federal Constitution and human rights.”

According to Moraes's decision authorizing the surgery, the doctors in charge must inform Silveira how long he must remain in the hospital before returning to semi-open prison. The former congressman has a police escort, "and his stay outside the prison must be duration strictly necessary for the purpose of the authorized exit”.

The Supreme Federal Court sentenced Daniel Silveira in 2022 to 8 years and 9 months in prison for threatening the rule of law and coercing the case. The sentence was pardoned by Jair Bolsonaro (PL), but the court also annulled the pardon.

On December 20, 2024, Moraes granted the former congressman parole, imposing precautionary measures, including a ban on carrying or possessing any firearm. Three days later, notified of the failure to comply with other orders, the minister revoked the parole and ordered Silveira back to prison.

In semi-open prison, the defendant returned to work at the Marco Aurélio Vargas Tavares de Mattos Agricultural Colony, in Magé (RJ), where inmates participate in a project to plant native trees from the Atlantic Forest.

Moraes also blocked, in April, a request to grant Daniel Silveira a harmonized—or humanitarian—semi-open regime. This regime arose due to the shortage of space in the Brazilian prison system, and in these cases, the defendant is released with various restrictions, such as electronic monitoring.