Lawyer and PhD in Criminal Law Marina Coelho Araújo evaluated, during her participation in the WWthat there are not enough elements to support a closed pre-trial detention of former President Jair Bolsonaro (PL). According to the expert, the current conditions of house arrest already meet the needs of control and risk minimization.
The analysis is based on the concept of caution, which requires elements of contemporary to justify a pre-trial detention. “There must be something happening at the present moment, which puts at risk the investigation or process, or some measure of execution of the penalty. There has to be this need to defend an immediate risk,” explains Marina.
The expert points out that the current condition of house arrest allows effective control. “His situation is controlled, any movement will be immediately repelled by the competent authorities,” argues Marina Coelho.
The report in question mentions messages and accesses seized from the mobile phone that would suggest violations of previously imposed precautionary measures. However, Marina Coelho considers that these elements do not present the necessary contemporaneity to justify a more rigorous pre -trial detention.
The lawyer concludes that the current restrictions imposed by house arrest are sufficient to ensure the necessary control of the situation, dismissing more severe measures at the moment.
