Bolsonaro’s defense appeals against house arrest

by Andrea
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In an appeal presented to the Supreme, lawyers maintain that the former president did not fail to comply with the precautionary measure that prohibits the use of social networks, including third party profiles

Wilton Junior/Estadão Content
Bolsonaro is also a defendant in the criminal plot’s criminal action in the Supreme

The defense of appealed on Wednesday (6) the decision of Minister Alexandre de Moraes, which decreed the house arrest of the former president. In the appeal presented to the Supreme, the lawyers maintain that Bolsonaro did not fail to comply with the precautionary measure that prohibits him to use social networks, including third party profiles. The precautionary measure was established last month, when Moraes also determined that Bolsonaro be monitored by an electronic anklet. The appeal will be analyzed by the minister himself. In addition to evaluating the case individually, the appeal can also be tried by the first class of the Court, formed by ministers Flávio Dino, Luiz Fux, Cristiano Zanin, Carmen Lúcia, and Moraes.

According to the defense, the former president cannot be punished for greeing his supporters through other people’s profiles. “The former president has not been forbidden to give interviews or to speak, and as already warned, do not have control over third parties that can reverberate the content arising without their direct or indirect participation. It is true uncontrollable unfolding, alien to their will or interference,” said the defense. The former president’s lawyers also argued that the appeal be tried by the first class of the Court.

“Precisely because it is not an automatic measure, it is indispensable to validate the class, in strict compliance with the forecast of the RISTF [regimento interno]it is not sufficient to argue that the original decision already provided for the possibility of arrest in case of violation of the precautions, ”added the defense. =

Understand

Last month, Moraes determined several precautionary measures against Bolsonaro, including the use of an electronic anklet and restriction to the use of social networks, including third party profiles. On Monday (4), the minister determined the arrest because he understood that the former president’s children published on their social networks Bolsonaro’s thanksgiving posts to supporters who attended the acts performed on Sunday (3). According to Moraes, there was non -compliance with the restrictions previously determined, which prevented Bolsonaro from using social networks through third parties.

The precautionary measures were determined in the inquiry in which federal deputy Eduardo Bolsonaro (PL-SP), son of the former president, is investigated for his performance with the United States government to promote retaliation measures against the Brazilian government and ministers of the Supreme. In March this year, Eduardo asked for a parliamentary mandate license and moved in the United States on the grounds of political persecution. In this process, Bolsonaro is investigated for sending resources via Pix to pay for his son’s stay abroad. Bolsonaro is also a defendant in the criminal plot’s criminal action in the Supreme. The trial is expected to take place in September.

*With information from Agência Brasil

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