DF government asks Moraes for a medical report before Bolsonaro’s eventual arrest

The Government of the Federal District (GDF) asked Minister Alexandre de Moraes, of the Federal Supreme Court (STF), to produce a medical report to assess whether former president Jair Bolsonaro is clinically fit to be detained in some of Brasília’s prison units.

The Secretariat of Penitentiary Administration sent the letter to the Supreme Court on Tuesday (3), a few days before the trial, between November 7th and 14th, of the former president’s last appeal against his conviction in the case of the Bolsonarist coup plot.

In September, Bolsonaro was considered the leader of a plot to remain in power even with an electoral defeat in 2022. He was sentenced to 27 years and three months in prison for the crimes of coup d’état, attempted abolition of the Democratic Rule of Law, armed criminal organization, qualified damage and deterioration of listed property.

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Argumentation

“Considering the proximity of the judgment of the appeals of Criminal Action No. 2668, which leads to the possibility of one or more defendants being detained in the Penitentiary System of the Federal District, it is requested that the convict Jair Messias Bolsonaro be subjected to medical evaluation by a specialized team, so that an assessment can be made of his clinical condition and its compatibility with the medical and nutritional assistance available in the prison establishments of this Capital of the Republic”, says the document sent by the GDF.

The letter also points out that Bolsonaro has already undergone different surgical procedures in the abdominal region. The former president still lives today with the consequences left by a stab wound to the stomach that he received during the 2018 election campaign.

Closed regime

Due to the size of the sentence, criminal legislation provides that Bolsonaro will serve the sentence in an initial closed regime. However, there are exceptions. It is possible, for example, to grant a milder initial regime for humanitarian reasons, for example, when there is no prison unit capable of providing adequate assistance for an inmate’s illness.

As a former president, Bolsonaro could also be trapped in a General Staff room, which could be set up, for example, in a Federal Police (PF) unit.

In any case, any order to begin serving the sentence should only be issued after the action has become final, that is, when there are no more appeals pending judgment.

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