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The Chamber of Deputies decided today to maintain the prison of Deputy Daniel Silveira (PSL-RJ), determined by the STF (Supreme Federal Court). In a blended session in the plenary session of the Chamber, 364 deputies demonstrated in favor of maintaining the prison, 130 against and 3 abstained.
Now, in addition to a lawsuit in the Chamber’s Ethics Council that could lead to the termination of his term, Silveira will still have to respond to an action in the PSL that could expel him from the party. The deputy was also denounced by the PGR and is the subject of two inquiries in the Supreme Court, one for anti-democratic acts and another for fake news.
Silveira was arrested in flagrante delicto last Tuesday night (16) for threatening the ministers of the STF and the Rule of Democratic Law in videos on social networks, according to a decision by the Minister of the Court, Alexandre de Moraes. The detention determined by Moraes was later unanimously ratified by the other magistrates of the Supreme Court.
During the session that would decide on her freedom, Silveira adopted a noticeably softer tone and a new speech, now emphasizing the importance of the Court.
Deputy Magda Mofatto (PL-GO), rapporteur of the Daniel Silveira case (PSL-RJ)
Image: Michel Jesus / Chamber of Deputies
The rapporteur of the case in the Chamber, Magda Mofatto (PL-GO), recommended that the Silveira prison be maintained. He affirmed that the deputy did not “make mere conjectures, but rather implied that there was a concrete risk for the members of the Supreme Court” by means of curses and threats of impeachment to the magistrates with unconstitutional actions.
We have a deputy among us who constantly attacks democracy and the institutions and has transformed the exercise of his mandate into a platform to spread hate speech, attack minorities, defend coups and incite violence against public powers ”.
Magda Mofatto (PL-GO)
Silveira is one of the deputies considered shock troops of President Jair Bolsonaro (without a party) in the National Congress. However, the order among the government leaders was to say that he was not a problem on the Plateau. With this position and the confirmation of the arrest unanimously in the Supreme Court, the centão himself ended up not insisting on the defense of Silveira, known for his bellicose speeches. The choice of the majority of the parliamentarians was to declare the case of the deputy as a point “outside the curve”.
“I overdid it”
Federal Deputy Daniel Silveira refused to wear a mask during the examination of the crime at the IML
Image: Playback / Social networks
Silveira participated in the session via remote detention by the Military Police in Rio and said that he had seen the video that led to his arrest three times and that he had lamented the “really tough” lines.
“I apologize to all of Brazil, to all the renowned jurists, who realized that I exceeded my speech. I apologize to any Brazilian who has been offended, but I already regretted it, ”he said at the beginning of the session.
The statements Silveira refers to are contained in the video broadcast live on their social networks with attacks on the court ministers – in particular, Edson Fachin: “What is happening, Fachin, is that everyone is tired of your face of a son of a bitch, that you have, that face of a tramp, right? […] Over and over again I have imagined that they hit you. “
Today, Silveira changed his speech and highlighted the importance of the Court that he offended a few days ago: “I have always recognized the importance of the Federal Supreme Court. It is a very important institution.”
Parliamentary immunity
Silveira’s lawyer, Maurizio Spinelli, argued that the decision to keep the prison could lead to a relaxation of parliamentary immunity. The subject was mentioned by some deputies in their speeches.
Parliamentary immunity is not elastic, sir. It is not attacking that we get used to attacks on institutions and democracy. “
Maria do Rosário (PT-RS)
We have to deal with our problems here. And, if there are those who defend atrocities and authoritarianism, it is not with the authoritarianism of other powers that will be corrected ”.
Marcel since Hattem (Novo-RS)
At the opening of the session, the president of the Chamber, Arthur Lira (PP-AL), had already announced the creation of an Extraordinary Multiparty Commission that proposes legislative changes around article 53 of the Constitution, which deals precisely with immunity parliamentary. According to Lira, “from here [da Câmara] There will never be any institutional action that weakens or weakens the Constitution ”.
Alternative wanted house
Initially, Lira and party leaders tried to prevent the plenary from having to deliberate on Silveira’s arrest. Lira awaited the analysis of the case by the magistrates of the Supreme Court and the custody hearing held with the deputy. Only after the continuity of the prison was confirmed on both occasions, the mayor called today’s session.
Before that, the House leadership also attempted to articulate only a temporary suspension of Silveira. However, the initiative did not have the support of the majority of party leaders or legal backing based on the House statutes.
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