![Dr. Paulo Faria (right side) Takes a Stand Against the Abuse of Power by Alexandre de Moraes (left side)](https://braziltimes.news/wp-content/uploads/2024/04/Alexandre-de-Moraes-Crimes-of-Power-Abuse-agaist-Congressman-Daniel-Silveira-1024x576.png)
Dr. Paulo Faria (right side) Takes a Stand Against the Abuse of Power by Alexandre de Moraes (left side)
Decoding Daniel Lúcio da Silveira: The Harrowing Journey of a Congressman Turned Political Prisoner in the Face of Brazilian Dictatorship, An In-Depth Analysis by Dr. Paulo Faria.
In the heart of Brazil’s roiling political landscape, the case of Daniel Lúcio da Silveira stands as a stark reminder of the complexities and contradictions within the bounds of freedom of speech and the immutable rights of a parliamentarian. Convicted for expressions made in the line of his duty, Silveira’s saga unfolds a contentious debate over the limits of legislative immunity and the sanctity of constitutional rights in Brazil.
This very detailed article delves into how Silveira, wielding his words as his only weapon, found himself ensnared by the very legal system designed to protect his parliamentary prerogative, challenging the foundational principles of democracy and stirring a nationwide discourse on justice and power.
![Evidence of Sadistic Traits in the Actions of Alexandre de Moraes, Brazilian Supreme Court Minister Accused of Dictatorial Behaviour](https://braziltimes.news/wp-content/uploads/2024/04/Alexandre-de-Moraes-Brazilian-Supreme-Court-Dictator-1024x576.png)
Brazil’s Dictatorship: The Shocking Truth about the Fight for Freedom
Leading Case – Daniel Lúcio Da Silveira
This is a comprehensive case analysis by Dr. Paulo Faria, a Brazilian journalist and lawyer renowned for his unwavering dedication to the defense of free speech. A staunch advocate for justice, Dr. Faria meticulously dissects the intricacies surrounding the controversial conviction of Daniel Silveira, offering his expert perspective on the legal battles and the pursuit of justice in the quest to uphold the fundamental rights of expression.
Concluding this rigorous analysis, Dr. Paulo Faria presents a shocking open letter to the world, illuminating the staggering absurdity unfolding in Brazil over the past three years. This daring exposé reveals the silence bought by millions, as the Brazilian media, under financial influence from Lula’s administration, conceals the deep fractures within the nation’s democratic facade. Through Dr. Faria’s expert lens, this section stands as a clarion call for global awareness, challenging the international community to witness and respond to the erosion of justice, democracy and free speech in Brazil.
![Daniel Silveira: Political Prisoner of Alexandre de Moraes](https://braziltimes.news/wp-content/uploads/2024/04/Daniel-Silveira-Political-Prisioner-Brazils-Dictatorship-Alexandre-de-Moraes-1024x576.png)
Dr. Paulo Faria’s Open Letter
I, Paulo César Rodrigues de Faria, Brazilian, married, lawyer duly registered with the Goiás section of the Brazilian Bar Association under number 57,637, and with the São Paulo and Federal District sections under numbers 505,716 and 64,817 respectively, hereby report to all interested parties. I declare that Mr. Alexandre de Moraes, a minister of the Brazilian Federal Supreme Court, has been abusing his power by committing numerous crimes from 2019 to 2024. These crimes include torture, abuse of authority, persecution, psychological violence, and false reporting, all of which constitute violations of Brazilian laws, the Constitution of the Federative Republic of Brazil, and International Human Rights Treaties, as I will briefly explain.
Since March 2021, I have been the attorney for former federal deputy Daniel Lúcio da Silveira, who was persecuted by the aforementioned individual for alleged speech-based and opinion-based crimes that do not exist within our legal system, until Alexandre de Moraes made it so.
Brazil currently has two eras: before Alexandre de Moraes and after Alexandre de Moraes.
Starting from 2019, when I was still representing Sara Giromini – also known as “Sara Winter“, this minister committed the aforementioned crimes, acting dictatorially in the Toga during the Inquiry 4781 into Fake News. This behavior has been denounced in the Federal Council of the Brazilian Bar Association and the Order of Lawyers of the Federal District. However, these institutions have stayed silent and taken no action.
Alleged Crimes of Opinion
Daniel Lúcio da Silveira was arrested on February 16, 2021, for an alleged crime of opinion and speech after publishing a video. The Federal Constitution of Brazil prohibits any form of censorship, as stated in §2, Article 220.
That same constitution had until then given immunity to parliamentary speeches, formally and materially protecting Daniel Silveira.
As mentioned, there are indeed two versions of Brazil.
The first era, which ceased to exist with Alexandre de Moraes, and the second, the era post-Moraes.
Daniel Silveira was arrested ex officio, as determined by the judge, on 02/16/2021, after 23 hours, based on an in-the-act arrest warrant, a concept not recognized in our legal system.
The Dawn of Power Abuse
On the day of the arrest, two crimes were committed: ABUSE OF AUTHORITY and PERSECUTION, followed by PSYCHOLOGICAL VIOLENCE, ILLEGAL COERCION, and TORTURE.
Furthermore, Mr. Moraes VIOLATED the Brazilian adversarial criminal system, which stipulates that it is the role of the PUBLIC PROSECUTOR’S OFFICE, which then began to be used as the personal “arm” of the minister, acting merely as a rubber stamp for the illegalities committed by him.
The Custody Hearing was CONDUCTED LATE, which should have resulted in the immediate release of the federal deputy, as he had not committed any crime. Instead, he exercised his freedom of speech and opinion, protected by PARLIAMENTARY IMMUNITY, as stipulated in Article 53 of the Federal Constitution.
In a clear abuse of power and authority, Mr. Moraes maintained Daniel Silveira’s detention, converting it into a preventive measure, thereby disrespecting the ACCUSATORY LEGAL SYSTEM and the CUSTODY HEARING PROCESS, in addition to violating the Federal Constitution and the precedent set by the STF, which excludes preventive detention for parliamentarians, except in cases of flagrante delicts of an unbeilable crime.
Crimes that are non-bailable are exhaustively listed in Article 5 of the Federal Constitution, including: RACISM (Art. 5, XLII), TORTURE, DRUG TRAFFICKING, TERRORISM, AND HEINOUS CRIMES (Art. 5, XLIII and XLIV).
Daniel Silveira DID NOT COMMIT any of the non-bailable crimes; therefore, he SHOULD NOT HAVE BEEN ARRESTED in flagrante delicts for a non-bailable crime, as alleged slander and defamation ARE NOT PUNISHABLE BY IMPRISONMENT.
Daniel merely PUBLISHED A VIDEO and, at most, could be held accountable for SLANDER or DEFAMATION, which are crimes NOT PUNISHABLE BY PRISON, thus exposing the illegality of his detention.
Subsequently, while under house arrest with an electronic monitoring device since March 2021, in June, Mr. Moraes, demonstrating a complete disregard for the legal system, set bail at $20,000 so that Daniel could respond to his “crimes” in freedom.
Now, if the crime was NON-BAILABLE, which would justify his arrest if it had been legal, setting BAIL is nonsensical, as the law and the Constitution themselves specify crimes that are non-bailable.
Only one of these crimes would justify an in-the-act arrest. Daniel published a video. Just that.
The Onset of Torture by Alexandre de Moraes
Even though the congressman was non-bailable, the reason given for the parliamentarian’s arrest was to remove his immunity. Nonetheless, BAIL was paid days later. In violation of the law, Mr. Moraes kept Daniel Silveira in prison despite the proof of payment being recorded.
Thus, by keeping the then-deputy in prison, even after the bail payment, in addition to abuse of authority, Mr. Moraes committed the crime of TORTURE. The expectation of freedom for the parliamentarian was thwarted by a direct act by Mr. Moraes, who was engaged in relentless persecution of his adversaries.
Furthermore, Daniel Silveira was suffering from physical issues, including torn ligaments in his knee. Mr. Moraes was informed of the need for medical care but IGNORED it.
Such acts caused intense physical and psychological suffering to the former parliamentarian, amounting to TORTURE. They also constituted violations of human rights as defined in international treaties to which Brazil is a party, particularly the Inter-American Commission on Human Rights – Pact of San José, Costa Rica, and the Universal Declaration of Human Rights.
Glimmers of Liberty
Brazilian law defines the crime of torture under statute 9.455/97, and Mr. Moraes’s actions fit squarely into Article 1, items I and II.
Subsequently, on 11/08/21, the preventive detention of Daniel Silveira was revoked in favor of other varied measures, including the mandatory use of an ankle monitor, restrictions on conducting interviews, traveling, making contact, effectively amounting to TOTAL PERSECUTION.
In April 2022, Daniel Silveira was tried and convicted for non-existent crimes, forcing one to perceive PERSECUTION and ANNIHILATION, with a blatant application of CRIMINAL LAW AGAINST ENEMIES, aimed at eliminating opposition.
The day after his conviction, Daniel Silveira was granted a Presidential Pardon.
On May 10, 2023, the STF, by majority, declared the Pardon unconstitutional, maintaining the conviction and commencing the phase of serving the sentence of 8 years and 9 months: FOR EXPRESSING AN OPINION, a legal absurdity of unprecedented proportions. It was a true “BREAD & CIRCUS.”
The trial proceeded even though all the Court’s ministers were under SUSPICION.
Alexandre de Moraes served simultaneously as the VICTIM of the alleged crime, the JUDGE who tried the alleged crime, and the ACCUSER, assuming the roles of EXECUTIONER AND DICTATOR.
Brazilian law, including both the CRIMINAL PROCEDURE CODE and the CIVIL PROCEDURE CODE, explicitly states that a JUDGE IS SUSPECT if he harbours considerable animosity toward the defendant.
Absence of Impartiality
Alexandre de Moraes harbours significant animosity towards Daniel Silveira. He could never be an impartial judge in this case, nor could any of the others who voted for his conviction on 04/20/2022, sentencing him to 8 years and 9 months in a closed regime, against a law that is now revoked, the National Security Law (LSN).
Regarding the SUSPICIOUS ACTIONS OF MR. MORAES, LAW 1.079/50, Article 39, Item 2, explicitly states, “The following crimes are the responsibility of the Ministers of the Federal Supreme Court: (…) 2 – Rendering a judgment when, by law, it is suspected in the cause.”
Thus, in addition to the crimes previously mentioned, Moraes committed a CRIME OF RESPONSIBILITY, which could lead to his Impeachment.
However, the FEDERAL SENATE, tasked with judging STF ministers who commit crimes, has been TOTALLY NEGLIGENT and COMPLICIT in the face of such crimes.
On 02/01/2023, Mr. Moraes, in yet another act of cowardice and persistent violation of laws and the Federal Constitution, ordered Daniel Silveira to be re-arrested. He has been held in a state prison in Rio de Janeiro until today, even at the risk of death, as he is in a NON-POLICE prison, contravening his ex-police officer status.
Moraes controls the PENAL SYSTEM of Rio de Janeiro, dictating to state agents what they should or should not do in the Daniel Silveira case, thereby highlighting clear suspicion and persecution.
As if the persecution of the former parliamentarian, convicted and targeted by the alleged victim of his words, wasn’t enough, Moraes extends this to his WIFE, his MOTHER, and advisors, even authorizing search and seizure measures. These carried out by Federal Police officers with drawn guns, targeting those connected to Daniel.
Breach of Professional Conduct
Lastly, my professional performance was VIOLATED on several occasions, such as:
a) DENIAL OF ACCESS TO OPEN RECORDS, making them confidential and physically processing them to impede the defense’s actions.
b) He DEMANDED, with blatant cowardice, that the OAB institute ethical-disciplinary proceedings against me, in an attempt to silence or intimidate me.
c) He SENT MESSAGES through third parties, urging me to distance myself from the defense.
d) He FINED ME for exercising the right to appeal against bizarre and unfounded decisions, typical of mediocre and ill-prepared judges.
e) He IGNORED MANY PROCEDURAL REQUESTS presented by the defense, even disregarding various raised DOUBTS AND OBSTACLES.
Accordingly, the crimes committed by Mr. Moraes extend beyond those aimed at Daniel Silveira, involving family members and lawyers.
These are actions characteristic of an ITALIAN MAFIA organization, with the modus operandi being absolutely identical.
Crimes of the Brazilian Supreme Court Minister
Therefore, it is hoped to have demonstrated even a fraction of the acts committed by Mr. Moraes, which constitute CRIMES upon CRIMES, the main ones being: ABUSE OF AUTHORITY and TORTURE.
Below is a description of crimes that have been committed and REPORTED to the Attorney General’s Office and the Federal Council of the OAB, but remain unaddressed as of today:
- Torture (non-bailable), under Law 9.455/97, Article 1: The crime of torture is characterized by: I – subjecting someone to violence or serious threat, causing them physical or mental suffering; (…) II – causing someone under custody, through power or authority, intense physical or mental pain as a means of imposing personal punishment or as a preventative measure. Penalty – imprisonment of two to eight years. §1 – The same penalty is applicable to those who subject a person arrested or confined under a security measure to physical or mental suffering, through actions not legally sanctioned or resulting from a legal measure.
- Abuse of Authority, according to Law 13,869/19, Articles: 9, 13, 18, 19, 20, 23, 25, 27, 30, 31, 32, 33, 36.
- Illegal Coercion, Article 146 of the Brazilian Penal Code (CPB): “To force someone, by means of violence or serious threat, or after having incapacitated them by any other means, to not do what the law allows or to do what it does not mandate.”
- Persecution, Article 147-A of the CPB: “To repeatedly and in any way persecute someone, threatening their physical or psychological integrity, restricting their capability to move, or in any manner, invading or disturbing their sphere of freedom or privacy.”
- Psychological Violence (by analogy), Article 147-B of the CPB: “Inflicting emotional damage upon a woman (by analogy: upon a man) that hampers her full development or that seeks to degrade or control her actions, behaviors, beliefs, and decisions, through threat, embarrassment, humiliation, manipulation, isolation, blackmail, ridicule, restriction of the right to come and go, or any other method that harms her psychological health and autonomy.”
- False Accusation, Article 339 of the CPB: “Instigating the initiation of a police inquiry, criminal investigation, judicial process, administrative disciplinary action, public civil inquiry, or administrative misconduct proceeding against someone by falsely attributing to them a crime they did not commit or an ethical-disciplinary violation or illegal act they are known to be innocent of.”
- Crime of Responsibility – Impeachment – Article 39, item 2, Law 1,079/50: “The crimes of responsibility by Ministers of the Federal Supreme Court involve: (…) 2 – issuing judgment when, by law, they are suspected in the case.”
- Violations of Human Rights Treaties: Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, item 1; Universal Declaration of Human Rights (UDHR), Articles 2, 3, 7, 8, 9, 10, 11, 14, 18, 19, 30; International Covenant on Civil and Political Rights, Articles 2, 7, 9, 10, 14, 17, 19, 26; and American Convention on Human Rights: articles 4, 5, 7, 8, 11, 13, 24, and 25.
Breach of Constitutional Principles
Numerous constitutional principles were also violated, reflective of the practice of the aforementioned crimes:
- Dignity of the Human Person, as per Art. 1, III, and Art. 5, III of the Federal Constitution (CF);
- Presumption of Innocence, under Art. 5, LVII of the CF;
- Natural Judge and Impartiality, stated in Art. 5, LIII, and LXI of the CF;
- Prohibition of the Court of Exception, according to Art. 5, XXXVII of the CF;
- Right to Petition, as mentioned in Art. 5, XXXIV and XXXV of the CF;
- Due Legal Process, per Art. 5, LIV of the CF;
- Broad Defense and Contradiction, recognized in Art. 5, LV of the CF.
Finally, this attorney reports that all abuses and crimes by Alexandre de Moraes have been duly recorded since 2020, present in the files of PET 9456, AP 1044, INQ 4872, INQ 4898, INQ 4781, INQ 4828, INQ 4928, PET 10373, and PET 11121, but especially in:
a) 12 (twelve) petitions to the Federal Council of the OAB, citing violations of prerogatives, crimes of abuse of authority, abuse of power, and persecution of this attorney;
b) 4 (four) criminal petitions against Mr. Moraes with the Attorney General’s Office, including a request for arrest for the crime of torture, dated 07/10/2021;
c) 3 (three) impeachment petitions submitted to the Federal Senate, for acting in proceedings while suspected of involvement in the cases, in accordance with Brazilian laws, which have nonetheless been archived;
d) 4 (four) letters requesting actions from the CFOAB to access records of confidential and judicially secret proceedings, which have not been addressed;
e) 4 (four) requests for action against Alexandre de Moraes for leaking decisions to the press, which constitutes a crime of violation of functional secrecy under Art. 325 of the Brazilian Penal Code (CPB): “Disclosing a fact that one has learned by virtue of one’s position and which should remain confidential, or facilitating its disclosure:”
f) 2 (two) allegations of suspicion and impediment, dismissed by the alleged suspect himself, who was evidently prevented from operating an exceptional court.
Alexandre de Moraes’ Application of Enemy Criminal Law
In summary, Alexandre de Moraes has applied, in the literal sense, the “criminal law of the enemy,” as developed by the German jurist Gunther Jakobs, which posits the need for society to separate individuals considered by the state to be enemies, thereby excluding all their fundamental rights and guarantees.
Daniel Lúcio da Silveira was persecuted, condemned, and had all of his fundamental rights and constitutional guarantees revoked, including being denied the right to habeas corpus.
More than 60 habeas corpus petitions were filed, all of which were denied by his fellow “ministers,” who claim that habeas corpus is not applicable against Mr. Alexandre de Moraes, the untouchable.
Daniel Lúcio da Silveira has been imprisoned for more than 210 days under a closed regime when he should have been in a semi-open regime, due to the purely sadistic desire of the judge who tried him. This judge is also the alleged victim, the accuser, the investigator, and now, the executioner of his punishment.
Upholding the Law and the Constitution
I, Paulo Faria, a lawyer, was fined twice simply for defending Daniel’s constitutional rights. I am being coerced and constantly threatened with reprisals that could even endanger my physical integrity.
However, my mission is to defend the law and the Constitution, as well as to uphold the full exercise of my client’s right to a broad defense. My client, a political prisoner in the 21st century, is a victim of Alexandre de Moraes and his peers.
To this day, Daniel Silveira suffers the crimes of torture and abuse of authority.
As an expression of truth, I electronically sign this report and place myself at your complete disposal to report everything and to any institution, whether in person or via videoconference. My goal is to show, with documents, that Alexandre de Moraes is the greatest dictator and torturer in Brazilian history.
Federative Republic of Brazil, Goiânia/GO, April 09, 2024.
PAULO CÉSAR RODRIGUES DE FARIA
Lawyer – GO 57.637 – DF 64.817 – SP 505.716
This is the current story of Brazil.
Thank you, Elon Musk, for revealing to the world the tyranny installed in Brazil.
Source: Dr. Paulo Faria’s Manifesto – Twitter Files Brazil