Lawyers cite comorbidities, the need for continuous monitoring and medical reports in a petition sent to Moraes
The defense of former president Jair Bolsonaro (PL), 70 years old, asked Alexandre de Moraes, minister of the STF (Supreme Federal Court), to serve his sentence of 27 years and 3 months in humanitarian house arrest, for health reasons. The petition was sent this Friday (21.Nov.2025). Here’s the (PDF – 425 kB).
The lawyers argued that Bolsonaro is in good health “deeply weakened” and cited his 3 visits to the hospital since his house arrest. They also mention the Federal District Public Defender’s report on the “precarious situation of the Papuda Penitentiary, especially the area reserved for prisoners over 60 years old”.
Bolsonaro’s defense claims that he suffers from lung infections, esophagitis and gastritis, skin cancer and permanent complications resulting from the stab wound he suffered in 2018. They attached 10 medical reports to the case files, in addition to a medical report with the illnesses identified by professionals.
The comorbidities cited by the defense are:
- gastroesophageal reflux disease and pulmonary risk;
- recurrent episodes of unspecified bacterial/aspiration pneumonia;
- incoercible sobs;
- primary essential hypertension;
- atherosclerotic heart disease;
- carotid occlusion and stenosis;
- severe sleep apnea;
- skin cancer and cutaneous neoplasia;
- sequelae resulting from the stabbing that occurred in September 2018, such as partial atrophy of the abdominal wall, residual hernias, aesthetic and functional damage, extensive intestinal adhesions, loss of a large part of the large intestine and lasting psychological effects.
“The petitioner has multiple serious and chronic comorbidities, which require continuous drug treatment, multidisciplinary monitoring and specialized medical monitoring, under a concrete risk of clinical decompensation”, says the defense.
According to lawyers, as Bolsonaro’s health requires continuous monitoring and the use of drugs that act on the central nervous system, the former president may require emergency medical care at any time. “These are circumstances that, as we know, are absolutely incompatible with the common prison environment”say the lawyers.
The defense maintains that serving the sentence in a closed regime would represent “concrete and immediate risk to the physical integrity and life of the petitioner“. Therefore, they ask that Moraes authorize house arrest on a humanitarian basis.”as the only measure capable of preserving human dignity”.
Lawyers also cite the case of former president Fernando Collor de Mello, whose house arrest was authorized by Moraes this year. “The decision granting the claim was based on the serious health situation of the convict – who was, at the time, 75 years old and had Parkinson’s Disease, Severe Sleep Apnea and Bipolar Affective Disorder – recognizing the need for compatibility between the Dignity of the Human Person, the Right to Health and the effectiveness of the Criminal Justice”, they declared.
The former president on November 12th. He is monitored by an electronic ankle monitor and is prohibited from using social media or receiving visitors without judicial authorization.
Although sentenced to 27 years and 3 months in prison for, according to the PGR (Attorney General’s Office) complaint, leading the organization responsible for the coup plot, Bolsonaro has not yet started serving his sentence, as the case has not yet become final.
The former head of the Executive had filed an embargo against the STF’s decision, but the appeal was unanimously rejected by the 1st Panel, currently made up of 4 ministers, after the transfer of Luiz Fux to the 2nd Panel. Now, the defense has until Monday (Nov 24) to file new appeals against the Court’s decision.
Still in the order, Bolsonaro’s defense stated that he will file embargoes for declaration and even infringing embargoes. Unlike embargoes for clarification, they serve to challenge non-unanimous decisions. In practice, however, this feature is unlikely to be accepted. According to the jurisprudence of the STF, violators only apply when there are at least 2 dissenting votes in the Panel’s judgment. In Bolsonaro’s case there was only 1: Luiz Fux.
“The jurisprudential understanding regarding the violators is not unknown, but what is certain is that the Defense understands that such a position can be reviewed in light of the San José Pact of Costa Rica. Therefore, it is necessary to record that the defense intends to file the appropriate appeals, especially the infringing embargoes and possible grievances”wrote Bolsonaro’s defense.
