Former President () is in (Supreme Federal Court) Alexandre de Moraes, who considered the precautionary measure previously imposed.
The decision was issued by letter, that is, without being motivated by the request of the PGR (Attorney General’s Office) or the Federal Police.
The arrest of the ex-Mandanker occurs in the context of, federal deputy Eduardo Bolsonaro (PL-SP). This investigation is related to the performance of the parliamentarian abroad in favor of sanctions to Brazil and the authorities in exchange for an amnesty that would include his father.
For, this action involves the crimes of violent abolition of the Democratic Rule of Law, coercion and obstruction of justice. The text also quotes sovereignty attack, provided for in the Penal Code.
Jair Bolsonaro was investigated for his son’s same crimes, but is also a defendant in a criminal action on the 2022 coup attempt.
In the decision, rendered on Monday (4), the magistrate explains the reasons for the measure and what the former Mandanker may or may not do.
To elucidate details of Bolsonaro’s new routine and the next steps of the case, the Sheet Heard Thiago Bottino, professor at FGV Law Rio, criminalist Carolina Carvalho de Oliveira and Welington Arruda, master in law and justice from IDP (Brazilian Institute of Teaching, Development and Research). They also explain what house arrest is and exposes their assessment of the fact that it has been determined by office.
1) What motivated the arrest?
The former president was arrested because Moraes understood that he failed to comply with previous precautionary measure of not using social networks, even through third parties. In the decision, the minister says that the politician failed to comply with the measure by interacting with the Bolsonarist demonstrations that occurred on August 3.
This was when the politician appeared in videos shown by supporters, such as a video call with federal deputy Nikolas Ferreira (PL-MG). Bolsonaro’s defense states that he did not break the precaution.
“It is worth remembering that in the last decision expressly stated that ‘at no time was Jair Messias Bolsonaro prohibited from giving interviews or giving speeches at public events.’ He strictly followed this determination,” his lawyers said in a statement.
The decision to limit access to networks, which culminated in prison, is considered controversial in the legal universe. There are those who understand that, as social networks were being used to commit the offense, they could be restricted. Others understand that the measure is excessive and configures censorship aggravated by limiting the expression of a politician with thousands of supporters.
“This ban is not listed in the list of cautionary measures of the arrest, and is therefore subject to discussion,” says Carolina Carvalho de Oliveira.
2) What is house arrest?
A is an alternative to closed pre -trial detention, explains Thiago Bottino. Provided for in Article 318 of the Criminal Procedure Code, it can be applied to the person:
- over 80 years old;
- extremely debilitated due to severe illness;
- essential to special care of a person under 6 years of age or with disabilities;
- pregnant woman;
- woman with a child up to 12 years old incomplete;
- Man, if he is solely responsible for the care of his child up to 12 years old incomplete.
Experts say Moraes must have opted for house arrest because he has preferred less serious measures than closed preventive arrest.
For Bottino, the breach of the precautionary by Bolsonaro could have generated a closed prison. He understands that the politician does not fit any of the above requirements, not even what makes reference to the health condition. This is because the politician has shown active routine not compatible with extreme weakness, he says.
3) Is there a problem with the fact that the decision was of office?
Experts say that, as the decision was due to non -compliance with the previous precautionary, there is no problem that it was granted by office.
“Since the judge responsible for the case [Moraes] Understands that there was a non -compliance, the decision can be given by him, “says Carolina Carvalho de Oliveira.
House arrest came in the pretended wake of the Federal Police’s precautionary measure on July 18 due to representation of the Federal Police, then brought to PGR. At the time, Bolsonaro began wearing an electronic anklet and was forbidden to wear social networks, among other measures.
4) Does the decision of home necessarily need to be evaluated by the board?
Experts say the decision does not need to be evaluated by the board, but this may occur. Bottino recalls that Moraes chose to bring to the first class the previous precautions, although this was not indispensable either.
“Some measures that the judge takes are decisive, merit, such as receipt of complaint and trial. This is done by the board. But the acts that are practiced during the case [como a cautelar] They are the attribution of the rapporteur, “explains Bottino.
5) What happens if Bolsonaro lawyers appeal against the decision?
The defense said on Monday (3) that it intends to appeal the decision of house arrest. In this case, the appeal would be evaluated by the first class, composed by ministers Cristiano Zanin, Cármen Lúcia, Luiz Fux, Flávio Dino and Moraes himself, says Bottino and Wellington.
The collegiate then decides to maintain the decision or determine release, to understand that there are no requirements for home.
Carolina Carvalho de Oliveira, in turn, says that the analysis would be done by Moraes himself. If he denies the appeal, then a new request would be evaluated by the class. She recalls that appeal requests have no suspensive effect.
The defense of the politician said that and that Bolsonaro did not breach the precaution.
6) Police officers will monitor Bolsonaro at home? How is house arrest supervised?
Carolina Carvalho de Oliveira explains that the does not explicit how the monitoring will be given, which can be done with the help of police or not.
Experts remember that the politician follows an anklet, an appeal that would be enough to signal whether the order is fulfilled.
“The monitoring system indicates whether or not that electronic anklet has exceeded the radius delimited by the geolocation system,” explains Welington.
7) What can Bolsonaro do in house arrest? Can you go to the doctor or receive visit?
Experts explain that visits and going to the doctor depend on judicial permission. One exception is the politician’s lawyers, who may have contact with the client when they want.
The minister’s decision points to the following restrictions:
- prohibition of visits, except from lawyers and other previously authorized persons;
- Authorized visitors cannot use cell phone, take a picture or record images;
- prohibition to use mobile phone or social networks, even through third parties
- Prohibition to maintain contact with ambassadors and other foreign, defendants and investigated authorities.
Jair Bolsonaro has, Michelle, and her daughter Laura at home. They, however, cannot be used to circumvent Moraes’s ban from using social networks, explains Welington.
8) Can house arrest be revoked?
Experts explain that house arrest can be revoked if you live that there are no more reasons to justify it. The magistrate can also opt for a more serious measure, such as closed preventive, if he understands that Bolsonaro continues to comply with the rules.
The minister is explicit in the decision by saying that “non -compliance with the rules of house arrest or any of the precautionary measures will imply its revocation and immediate decree of pre -trial detention.”
