Moraes asks the PGR for an opinion on Cid's appeal to extinguish the sentence

Minister Alexandre de Moraes, of the STF (Supreme Federal Court), forwarded an appeal presented by Mauro Cid to the PGR (Attorney General's Office) and gave a deadline of five days to respond to the request to extinguish the sentence imposed on Jair Bolsonaro's (PL) former aide-de-camp.

In the appeal, Cid's defense contests Moraes' previous decision that rejected the request to consider as a sentence served the period in which the soldier was preventively detained and subjected to precautionary measures, such as nighttime home confinement and the use of an electronic ankle bracelet.

The lawyers argue that Cid has been under judicial restrictions since May 2023 and that these measures represented an effective limitation on his freedom, and should be counted for the purposes of serving the sentence. According to the defense, the period exceeds two years and five months.

The thesis presented to the STF is based on Theme 1,155 of the STJ (Superior Court of Justice), according to which periods of home confinement at night and on days off can be deducted from the sentence when there is an effective restriction of freedom.

The defense states that the understanding must be applied to Cid's case to avoid double punishment for the same period of restriction.

By previously denying the request, Moraes understood that article 42 of the Penal Code only allows the reduction of provisional prison time, without including alternative precautionary measures to prison.

The minister highlighted that Cid remained in pre-trial detention for around five months and 17 days, an insufficient period to extinguish the two-year sentence set out in the conviction resulting from the plea bargain agreement.

Source: CNN