The minister, of the (Supreme Federal Court), granted this Thursday (1st) house arrest, on a humanitarian basis, to the former president.
Moraes complied with a request from the defense of the former president, reinforced by an endorsement of (Attorney General’s Office) for granting the benefit.
According to Moraes, humanitarian house arrest must be fully fulfilled at its residential address to be indicated at the time of its realization. “
The Attorney General of the Republic, had stated on Wednesday (30) that “the maintenance of the custodian [Collor] In house arrest is exceptional and proportional to its age group and its health, whose severity was duly proven “in the file.
Also mentioned the risk that this health condition will be even more ” [Collor seja] kept away from its home and the reach of obligatory and protectionist measures that must be effective by the State. “
Collor’s defense requested the benefit on the grounds that the former president’s arrest can aggravate his health problems. A medical report included in the process shows that the severe sleep apnea and bipolar affective disorder.
The medical report signed by Health Professional at Baldomero Cavalcanti de Oliveira Prison in (AL) says that the Alagoas prison system is able to maintain Collor’s health treatment.
The document emphasizes the importance of observing his age and a possible worsening in the psychiatric framework of the former president. It makes daily use of eight medicines – most of them are antidepressants.
Gonet stated that despite the medical report and the closed regime for serving the sentence, “it is recommended and adequate to grant humanitarian house arrest, since the requirements established by infraconstitutional legislation must keep compatibility with the principles of integral and priority protection of the elderly (arts. 230 of the Constitution and 3rd of Law no. III, of the Constitution) “.
“There is even constitutional forecast establishing that ‘the programs of support for the elderly will preferably executed in their homes,'” added the Attorney General.
Collor has been under arrest since Friday (25). He was sentenced to eight years and ten months in prison for crimes of passive corruption and money laundering.
It was accused by PGR of receiving R $ 20 million in bribes to ensure the signing of fraudulent contracts of BR Distribuidora, a subsidiary company of Petrobras, with the construction company UTC.
Proofs found in the donor’s office in addition to testimonials of employees of the operation, were presented as evidence in the action. The crimes occurred from 2010 to 2014.
The lawsuit against the former president ended on Monday (28) after the Supreme Court rejected the defense’s last appeal, confirming the determination of Moraes for the beginning of the sentence.
There were 6 votes to 4 to keep them behind the bars. Ministers Gilmar Mendes, Luiz Fux and Kassio Nunes Marques voted against the decision, joining André Mendonça, who had opened the divergence.
Flávio Dino, Edson Fachin, Luis Roberto Barroso, Cármen Lúcia and Dias Toffoli followed Moraes and were favorable to prison. Minister Cristiano Zanin declared himself prevented from judging the case for acting as a lawyer in proceedings of Operation Lava Jato.
