The First Panel of the Supreme Federal Court (STF) unanimously confirmed, this Monday, the 24th, the decision of Minister Alexandre de Moraes that ordered the preventive detention of Jair Bolsonaro after the destruction of his electronic ankle monitor and evidence of an attempted escape.
The news was published by the newspaper Estado de S. Paulo , which detailed the behind-the-scenes events of the arrest, the custody hearing, and the next steps in the process related to the coup plot.
Bolsonaro has been detained since Saturday, the 22nd, at the Federal Police headquarters in Brasília. His detention was upheld after a custody hearing held on Sunday, the 23rd.
Risk of escape and burning of the ankle monitor motivated the arrest. According to the newspaper, Moraes ordered the preventive detention after Senator Flávio Bolsonaro called on supporters to hold a vigil in front of the condominium where his father was under house arrest.
Early Saturday morning, Bolsonaro burned his electronic ankle monitor, a fact he confirmed to an agent from the Federal District Penitentiary Administration Secretariat.
In his custody hearing, Bolsonaro attributed the episode to “paranoia” and “hallucination.”
The defense argued before the Supreme Court that, despite the damage to the equipment, the former president had not removed the ankle monitor and had no intention of fleeing. The legal team requested that Bolsonaro be returned to house arrest for humanitarian reasons, citing health problems. Moraes has not yet reviewed the request.
Medical report cites “mental confusion”
The lawyers also attached a medical report stating that Bolsonaro spent his first night at the Federal Police headquarters without incident.
The professionals recorded that the former president presented with “mental confusion,” which was allegedly caused by medication previously prescribed by another healthcare professional.
The process is in its final stages and the imprisonment could become permanent. The First Chamber’s assessment does not alter the course of the main case. Bolsonaro has already been sentenced to 27 years and 3 months in prison for his participation in the coup plot.
After the rejection of the first motions for clarification from the defense, the deadline for the so-called “motions against the motions” expires this Monday.
Based on the Supreme Court’s jurisprudence, Moraes can, starting Tuesday, decide whether he considers the new appeals to be dilatory. If he so decides, he could declare the judgment final and convert the preventive detention into definitive imprisonment for the commencement of the sentence.
The single-judge decision may subsequently be submitted to a vote by the other justices of the First Chamber.
Debate on appeals against injunctions
Some legal experts cited by the newspaper believe it would be necessary to wait until the deadline for the so-called dissenting opinions , which ends on Friday the 28th. This appeal is usually admitted when there are at least two dissenting votes, which did not occur in Bolsonaro’s case.
Nevertheless, the defense indicated that it will attempt to present the request based on the Court’s internal regulations, which do not specify a minimum number of votes.
Other defendants from the coup plotters’ core
Besides Bolsonaro, another defendant remains in pretrial detention: Walter Braga Netto , detained since December of last year. With the final judgment, he would also be placed under a definitive sentence.
The other defendants are:
• Alexandre Ramagem , who left Brazil and is now in Florida.
• Almir Garnier , former commander of the Navy.
• Anderson Torres , former Minister of Justice.
• Augusto Heleno , former Minister of the GSI (Institutional Security Office).
• Paulo Sérgio Nogueira , former Minister of Defense.
• Mauro Cid , former aide to Bolsonaro, who did not appeal and is already serving his sentence.
Source: brasil247.com