Bolsonarist deputy Daniel Silveira (PSL-RJ), best remembered for breaking the plaque in honor of Marielle Franco in October 2018, published on his Twitter that the Federal Police was at his house at 11:19 PM with an arrest warrant issued by Minister Alexandre de Moraes, of the Federal Supreme Court.
The deputy had published on his social media, this Tuesday, a video with attacks on the ministers of the Supreme. The arrest warrant against the deputy is in flagrant and unreliable, however, it must be submitted to the Chamber of Deputies, in plenary, where deputies can overturn Moraes’ decision.
Alexandre de Moraes also determined that YouTube be notified to provide for the immediate blocking of Silveira’s video, under penalty of a daily fine of R$ 100.000.
“The manifestations of parliamentarian Daniel Silveira, through social networks, prove to be extremely serious, since they not only reach honorability and constitute an illegal threat to the security of the ministers of the Supreme Federal Court,” , stated Moraes in the decision.
Polícia federal na minha casa neste momento cumprindo ordem de prisão, ilegal, do ministro Alexandre de Moraes. pic.twitter.com/vbkm6bPQah
— Daniel Silveira (@danielPMERJ) February 17, 2021
The full decision of the STF minister
“This is an inquiry initiated by Ordinance GP No. 69, of March 14, 2019, of the Honorable President Dias Dias Toffoli, under the terms of art. 43 of the Internal Regulations of this COURT, for which I was assigned to conduct, considering the existence of fraudulent news, slanderous denunciations, threats and infractions coated with animus caluniandi, diffamandi or injuriandi, which reach the honorability and security of the Supreme Court Federal Court, its members and family members.
As of today (02/16), this video came to the attention of this COURT published by Federal Deputy Daniel Silveira, made available through the link: https://youtu.be/jMfInDBItog, on the youtube channel called “Política Play”, in which the said deputy during 19m9s, in addition to attacking the Ministers of the Supreme Federal Court head-on, through various threats and offenses to honor, expressly propagates the adoption of anti-democratic measures against the Supreme Federal Court, defending the AI-5; including the immediate replacement of all Ministers, as well as instigating the adoption of violent measures against their life and security, in clear affront to democratic, republican principles and the separation of powers.
It’s the report. DECIDED.
The manifestations of the parliamentarian DANIEL SILVEIRA, through social networks, prove to be very serious, because not only do they reach honorability and constitute an illegal threat to the security of the Ministers of the SUPREME FEDERAL COURT, but they are clearly intended to prevent the exercise of judicature, notably the independence of the Judiciary and the maintenance of the Democratic Rule of Law.
The constitutional provision of the Democratic Rule of Law enshrines the country’s obligation to be governed by democratic norms, observing the Separation of Powers, as well as binding everyone, especially the public authorities, to absolute respect for fundamental rights and guarantees, with the purpose of departure from any tendency towards authoritarianism and concentration of power.
The perpetrator of the conduct is reiterating the criminal practice, as he is being investigated in a police investigation in this COURT, at the request of the PGR, for having associated himself with the intention of modifying the current regime and the Rule of Law, through structures and financing destined mobilization and incitement of the population to subvert the political and social order, as well as creating animosities between the Armed Forces and the institutions.
The Federal Constitution does not allow the propagation of ideas contrary to the constitutional order and to the Democratic State (CF, articles 5, XLIV; 34, III and IV), nor to carry out demonstrations on social networks aimed at breaking the Rule of Law, with the extinction of constitutional stone clauses – Separation of Powers (CF, article 60, paragraph 4), with the consequent, installation of the arbitration.
Freedom of expression and pluralism of ideas are structural values of the democratic system. Free discussion, broad political participation and the democratic principle are intertwined with freedom of expression having as its object not only the protection of thoughts and ideas, but also opinions, beliefs, conducting value judgments and criticisms of public agents, in the sense to guarantee the real participation of citizens in collective life.
In this way, the conduct and manifestations that have the clear purpose of controlling or even annihilating the force of critical thinking, indispensable to the democratic regime, are so unconstitutional; as those who intend to destroy it, together with its republican institutions; preaching violence, arbitrariness, disrespect to the Separation of Powers and fundamental rights, in short, pleading tyranny, arbitrariness, violence and the breaking of republican principles, as seen by the criminal and inconsequential manifestations of the aforementioned parliamentarian:
“(…) I want to know what you are going to do with the Generals… the little gold-buttoned men, remember? I know you remember, institutional act 5, out of a total of 17 institutional acts, you remember, you were a member of the PT, Communist Party, of the Communist Alliance of Brazil
what happens, Fachin, is that everyone is tired of that motherfucker face you have, that vagabond face … over and over again I imagined you taking a beating, how many times did I imagine you and all the members of this court … how many times did I imagine you on the street taking a beating … What are you going to talk about? am I fomenting violence? No… I just imagined… even if I foresaw, it would not be a crime, you know it would not be a crime… you are a poor lawyer, but you know that this minimum is predictable…. so any citizen who conjectures a good beating with a dead cat until he meows, preferably after each meal, is not a crime (…) you have no character, no scruples, nor morals to be able to be in the Supreme Court. I completely agree with Abraham Waintraub when he said ‘I put all these vagabonds in jail for myself’, he points back, starting with the STF. He was right. He is right. And with him, at least 80 million Brazilians corroborate this thought.
The STF, at least constitutionally, is responsible for keeping the constitution. But you don’t do that anymore. You and your ten ‘besties, besties’, do not keep the Constitution, you defecate on it, this Constitution that sucks, to be able to always put rascals in the hegemony of power and of course, people of your kind must be perpetuated so that they protect the framework of the crimes in Brazil, and they are there, in the Supreme Court
I will also pursue you. I am not afraid of a tramp, I am not afraid of a drug dealer, I am not afraid of a murderer, will I be afraid of eleven ? that are no good for this country? No … I won’t have it. Only I know very well who you hang out with, what you do.
you disrespect the tripartition of powers, the tripartition of the State, you go there and interfere, you interfere in the president’s decision, for example, and you think you can get rid of it. Then when a general of the Armed Forces, of the Army to be precise, tweets, does something, and you get nervous, it is because he has his reasons. Back in 64, actually in 35, when they realized the communist maneuver, of vagabonds of their kind, 64 was then given a military counterattack, there were 17 institutional acts there, the AI-5 which is the toughest of all like you insist on saying, the one who annulled 3 Supreme Court ministers, remember? Annulled senators, federal, state deputies, it was a debugging, a very clear message, if you make we come back, but the people, at that time ignorant, believing in what the Globo say “we want democracy”, “presidentialism”, “United States”, and the dictators you call have given power to the people.
you should have been removed from your office and a new appointment, convened and made by eleven new ministers, you never deserved to be there and several who have already passed did not deserve it. You are unpalatable, unacceptable, intolerable Fachin.
There is no pressure on the Judiciary at all, because the Judiciary has been doing a succession of shit in Brazil. A succession of shit, and when it gets to the top, in the supreme court, you end up shitting all the things. That is what you are doing. You endorse the shit. So, as Rui Barbosa already said, the worst dictatorship is that of the Judiciary, because against it there is no one to turn to. And unfortunately, unfortunately it is true. The Judiciary has made a, see MP, Public Prosecutor’s Office, a succession of shit. a herd of activists totally lobotomized, doing a lot of shit ”.
The reiteration of these conducts by the parliamentarian proves to be very serious, as it undermines the Democratic Rule of Brazilian Law and its republican institutions.
There will not be a democratic rule under the law, without State Powers, independent and harmonious with each other, as well as the provision of Fundamental Rights and instruments that enable the inspection and the perpetuity of these requirements. All of these themes are so interconnected, that the collapse of one will inevitably lead to the suppression of the others, resulting in the nefarious cloak of arbitrariness and dictatorship, as occurred with the edition of AI-5, which was defended fervently, disrespectfully and shamefully by the parliamentarian.
Therefore, vigorous measures are essential to prevent the perpetuation of the criminal activity of parliamentarians aiming to harm or expose the independence of the instituted Powers and the Democratic Rule of Law to danger of injury.
In the present hypothesis, the conduct practiced by the aforementioned Federal Deputy, in addition to classifying crimes against the honor of the Judiciary and the Ministers of the Supreme Federal Court, are expressly provided for in Law No. 7,170/73, specifically in articles 17, 18, 22, items I and IV, 23, items I, II and IV and 26.
The parliamentarian’s criminal conduct constitutes a flagrant crime, since the perpetuation of the above-mentioned crimes is clearly and evident, since the aforementioned video remains available and accessible to all users of the world wide web, and so far, only on a channel that has been made available, the video already has more than 55 thousand accesses.
Remember that the person who is committing the criminal action, or who has just committed it, is considered in flagrante delicto. In the present hypothesis, it appears that the parliamentarian DANIEL SILVEIRA, when posting and allowing the dissemination of the referred video, which I repeat, remains available on social networks, is in permanent violation and consequently in flagrante delicto, which allows the consummation of his arrest in the act.
It should also be noted that the practice of the aforementioned criminal conduct directly attacks the constitutional order and the Democratic Rule; presenting, therefore, all the requirements so that, under the terms of article 312 of the Code of Criminal Procedure, preventive detention was decreed; consequently, making this criminal practice insusceptible of bail, in the exact provision of article 324, IV of the CPP (“Art. 324. Equally, no guarantee will be given: IV when present the reasons that authorize the decree of preventive detention).
Therefore, it constitutes the constitutional possibility of imprisonment in the act of committing a congressman for the practice of an unreliable crime, under the terms of paragraph 2, of article 53 of the Federal Constitution.
In view of all of the above DETERMINE:
a) THE IMMEDIATE EFFECTIVENESS OF PRISON IN FLAGRANTE DELITO, FOR UNRELIABLE CRIME BY FEDERAL DEPUTY DANIEL SILVEIRA. Under the terms of paragraph 2 of article 53 of the Federal Constitution, the President of the Chamber of Deputies must be immediately officiated for the measures he deems appropriate;
b) that the YOUTUBE be launched for IMMEDIATE BLOCKING of the availability of the video (link https://youtu.be/jMfInDBItog), under penalty of a daily fine of R$ 100,000.00 (one hundred thousand reais);
c) that the police authority provide for the preservation of the video content made available at the link https://youtu.be/jMfInDBItog;
THIS DECISION WILL SERVE AS A MANDATE THAT SHOULD BE FULFILLED IMMEDIATELY AND INDEPENDENTLY OF SCHEDULE FOR TREATING PRISON IN FLAGRANTE DELITO.
Fulfill. Brasília, February 23, 2021.