Lawyers claim that the former president has not committed any crime or violated any precautionary measure, including the prohibiting him to use his social networks or enjoy those of third parties
The defense of former Brazilian president Jair Bolsonaro presented an appeal on Wednesday to revoke the house arrest, arguing that the former chief of state did not violate the restrictions imposed on him.
The lawyers of the former chief of state also requested that the appeal be analyzed by the First Class of the Supreme Federal Court (STF), composed of five judges, so that it is not exclusively in the hands of Alexandre de Moraes, the instructive judge of the case against Bolsonaro, who is accused of coup.
On Monday, Alexandre de Moraes ordered Bolsonaro’s house arrest for considering that the former Brazilian president violated the precautionary measures imposed on him last month, which banned him from sending messages on his social networks or those of third parties.
Lawyers claim that the former president has not committed any crime or violated any precautionary measure, including the prohibiting him to use his social networks or enjoy those of third parties.
According to the defense, the former president cannot be punished for greeing his followers through other people’s profiles.
“Good afternoon, my Brazil. A hug to all. It is for our freedom. We are together,” was, according to his lawyers, Bolsonaro’s message read during the demonstrations held last Sunday.
Lawyers claim that the former president has not been prohibited from giving interviews or issuing opinions, as the instructor judge has already admitted in another decision, and that “he has no control over third parties who may reverberate the content from his direct or indirect participation.”
According to lawyers, these publications are “uncontrollable repercussions, unrelated to their will or interference.”
In requesting that the appeal be reviewed by the first Chamber, Bolsonaro lawyers claim that the STJ regulation states that house arrest requires collective validation.
In addition to house arrest, Alexandre de Moraes banned the defendant from receiving visits, except for family and lawyers, and forced him to remain with an electronic bracelet.
House arrest was ordered under the process in which Bolsonaro is accused of leading a conspiracy to prevent the inauguration of the president, Lula da Silva, who defeated him in the 2022 presidential elections.
