The defense of former president Jair Bolsonaro (PL) asked the Federal Supreme Court that the sentence in a closed regime, close to execution, be replaced by house arrest.
In the request filed this Friday (21), the lawyers state that the former president’s health condition would make it unfeasible for him to serve his sentence in a prison unit.
In the request sent to Minister Alexandre de Moraes, Bolsonaro’s representatives request that the prison be fully carried out at his residence, with electronic monitoring and any restrictions determined by the magistrate.
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The petition also requests authorization for medical trips previously communicated to the STF or justified within 48 hours in cases of urgency.
The central argument is that the case falls within the concept of “humanitarian house arrest”, provided for in article 318 of the Code of Criminal Procedure. The defense maintains that the legislation allows substitution when there is a serious illness, proven physical weakness and the impossibility of adequate treatment in the prison system.
According to the lawyers, the medical reports attached to the case indicate that Bolsonaro has a set of health problems, including cardiological, pulmonary, gastrointestinal, neurological and oncological issues.
The document also talks about permanent sequelae resulting from the 2018 stabbing and subsequent surgeries, in addition to the need for constant monitoring and the risk of sudden complications.
In the defense’s assessment, prison units do not have the necessary structure for this monitoring. The text states that transferring the former president to a penitentiary “would put his health at risk” and would jeopardize the ongoing clinical treatment he currently undergoes.
The request will be analyzed by Moraes, rapporteur of the process that convicted Bolsonaro of an attempted coup d’état.
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