Bolsonaro senators criticize Papuda’s conditions, but the Military Statute prevents the former president from going to a common prison
The president of the Senate Human Rights Committee, (Republicanos-DF), and 3 other Bolsonaro senators, released on Wednesday (19.nov.2025) a report that points out at the Papuda Penitentiary Complex, in Brasília. The document, prepared after a “technical visit” to the site on November 17, argues that the former president (PL) serve a possible sentence under house arrest due to his health condition.
O Poder360 found, however, that there is no legal basis for Bolsonaro to be sent to a common prison if the coup d’état conviction becomes final. By Article 73 of the Military Statute (Law 6,880/1980), the former president –a retired Army captain– can only serve time in a military organization and the site commander must have a higher rank than the prisoner.
The Court understands that there is no illegality in granting house arrest, with electronic monitoring to military personnel sentenced to a semi-open regime, when there are no vacancies in the specific regime or when there is no suitable or similar prison establishment in the location where they are serving their sentence. However, Bolsonaro’s initial sentence determines a closed regime.
O Poder360 found that ordering Bolsonaro under house arrest after resources were exhausted would demoralize the entire process and create a historical exception, as there are no records of military personnel who have been subjected to this type of regime since the statute came into force 45 years ago.
“Sour” food and lack of a doctor
The 12-page report, signed by Damares, (Novo-CE), (PL-AC) e (PL-DF), cites problems in Papuda, such as the absence of a doctor on duty 24 hours a day, flaws in the emergency care protocol, lack of medicines and food considered “sour or spoiled”. Read (PDF – 3 MB).
Penal police officers told the delegation that they themselves carry out the initial screening of prisoners who feel unwell – even without adequate training – and that emergencies depend on the availability of Samu (Mobile Emergency Care System) or escort.
The document also revisits the case of the prisoner, who died in 2023, citing that emergency care took around 40 minutes. For the senators, this history indicates that the unit would not be able to deal with a possible clinical crisis for Bolsonaro.
Bolsonaro’s last hospitalization was in September, when he felt unwell and presented with “vomiting, dizziness, drop in blood pressure and pre-syncope”. At the time, he was also in an initial stage, restricted to the superficial layers, without signs of deep invasion.
The delegation also argues that the former president was the target of criminal factions and that his integrity would be at risk if he were placed in the common prison system.
military unit favors logistics
The document was sent to several Human Rights entities, including the National Human Rights Commission, the Inter-American Court of Human Rights and the UN Human Rights Council (United Nations).
Although the senators’ report argues that Bolsonaro would be better protected at home, hospital logistics favor custody in a military area. THE Poder360 found out that Brasília has the most suitable structure for this type of custody, both for legal and logistical reasons.
The Brasília Area Military Hospital (HMAB), for example, is about 2 minutes of the Planalto Military Command, and the Armed Forces Hospital (HFA), a reference in highly complex care, the 6 minutes. There is also the Brasília Naval Hospital and the Air Force Hospital.
From the condominium where Bolsonaro lives, in the administrative region of Jardim Botânico, the journey to HFA takes around 24 minuteseven with free traffic.
Precedent for generals
The report also found that any relaxation of the sentence would create a precedent for other military defendants convicted or indicted for the events of January 8th. Generals like could claim the same treatment. Heleno, as he was the oldest (78 years old), would be the first to request house arrest.
In September 2025, the STF Bolsonaro received 27 years and 3 months in prison, initially in a closed regime, for a coup d’état. He has been under house arrest since August 4, after failing to comply with precautionary measures imposed by Minister Alexandre de Moraes. There is still an appeal, but the tendency is for the STF to define, after the final judgment, the place where the sentence will be served.
