Posts are not viralizing when questioning whether the former president (), 70, would be too old to be arrested. The publications were made by both right -wing profiles – according to which he could not go to prison because of his age – as for left – what, when comparing with the case of the president (), arrested at 72, they say there is the possibility.
there is no maximum age for someone to be arrested in Brazil. The Penal Code only defines the minimum age for criminal liability: under 18 are unimputable, considered unable to discern their acts, and respond to. This means that people aged 70 and older can be arrested normally, both in pre -trial detention and after conviction.
December 2024, show that 2,806 people over 70 were trapped in Brazil at that time, mostly men.
Reduction
Although anyone above 18 can be arrested, those who have more than 70 or more when sentenced can benefit from Article 115. It provides for the reduction of the sentence (except in crimes of violence against women).
Article 318 of allows people over 80 to comply with pre -trial detention in a home regime.
Lawyer Beatriz Alaia Colin, a criminal law expert, says Bolsonaro’s defense could request house arrest for humanitarian reasons, based on her health history. “It is granted when the accused is weakened and the penitentiary system cannot guarantee the specific conditions and appropriate to that individual,” he says.
This modality of arrest can only be granted by a reasoned court decision, and is usually accompanied by restrictions, such as OAS prohibition of access to social networks.
Why do we investigate?
Proofs monitors suspicious content published on social networks and message apps on public policies, health, climate change and federal elections and opens investigations for those publications that have obtained greater reach and engagement. Suggestions and questions related to dubious content can also be sent to the Sheet by email leaf.informacoes@grupofolha.com.br.
Read the full check on.
The calculation of this content was made by mail of Carajás and published on July 18 by Project Proof, a coalition that brings together 41 vehicles in the checking of viral content. It was verified by Jornal do Commercio, Estadão and Correio Braziliense.
