Moraes rejects humanitarian house arrest for Bolsonaro

Minister of the STF denied the defense’s request, which had been ugly 1 day before the preventive detention order

Minister Alexandre de Moraes, of the STF (Supreme Federal Court), denied this Saturday (Nov 22, 2025) the defense request of former president Jair Bolsonaro (PL) for him to serve humanitarian house arrest. Bolsonaro was preventively arrested on the same day, in Brasília, by order of the PF (Federal Police).

The request had been presented on Friday (Nov 21, 2025), before Moraes ordered Bolsonaro’s preventive detention. The defense asked that the sentence of 27 years and 3 months for attempted coup d’état – the execution of which is about to be determined – be served at home due to health problems. Here is it (PDF – 425 kB).

Lawyers argued that Bolsonaro is healthy “deeply weakened” and cited his 3 visits to the hospital since his house arrest. They also mention the report from the Public Defender’s Office of the Federal District on the “precarious situation at 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. Read the report in (PDF – 6 MB).

BOLSONARO ARRESTED

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Sérgio Lima/Poder360 – 22.nov.2025

Press movement in front of the Federal Police Superintendence in Brasília after the preventive arrest of Jair Bolsonaro

Bolsonaro’s lawyers made the request in Friday (Nov 21) due to the proximity of the beginning of the sentence for conviction for attempted coup d’état. Bolsonaro’s process is in the final stretch. Moraes, however, ordered preventive detention this Saturday (Nov 22) due to risk of escape.

The measure, therefore, is precautionary. In other words, the determination is not to begin serving the sentence of 27 years and 3 months in prison for conviction in the attempted coup d’état case.

The former president is at the Federal Police Superintendence, in a special room. Bolsonaro has been under house arrest in Brasília since August 4th.

The 70-year-old PL politician was arrested around 6am. Employees from the IML (Medico-Legal Institute) were sent to the superintendence to carry out forensic examinations, which are standard in these situations.

Also on Friday (Nov 21), the senator (PL-RJ), the former president’s firstborn, spoke for his father’s health. In a post on his profile on X, Flávio said he would “overcoming injustices, struggles and all persecutions” through prayer.

The call for the vigil was cited by Moraes when decreeing Bolsonaro’s preventive arrest, under the justification of maintaining the “public order”.

Moraes’ decision also states that the former president tried to break the electronic ankle bracelet, which he had worn since his house arrest.

“The Integrated Monitoring Integration Center of the Federal District communicated to this Supreme Court the occurrence of a violation of the electronic monitoring equipment of the defendant Jair Messias Bolsonaro, at 0:08 am on 11/22/2025. The information confirms the condemned man’s intention to break the electronic ankle bracelet to ensure success in his escape, facilitated by the confusion caused by the demonstration called by his son”states the order of the STF minister.

As Bolsonaro’s process is in its final phase, the order for the execution of the sentence of 27 years and 3 months in prison is close. Moraes stated in his decision that, because of this, the former president could try to enter the United States embassy to seek asylum.

“The defendant’s condominium is located approximately 13 km (thirteen kilometers) from the Southern Embassy Sector of Brasília/DF, where the United States of America embassy is located, in a distance that can be covered in approximately 15 (fifteen) minutes by car”said the STF minister in the decision.

Chronology of the case in 2025:

  • February 18 – Bolsonaro and 33 other people are accused by the Attorney General’s Office of attempted coup d’état after the former president’s defeat in the October 2022 elections and the invasion of the Three Powers buildings on January 8, 2023;
  • August 4th – Bolsonaro will be placed under house arrest, as a precautionary measure by the STF, on suspicion of working with his son Eduardo Bolsonaro, a deputy for the PL of SP who lives in the United States, to disrupt his trial at the STF;
  • September 11th – Bolsonaro and other defendants are convicted of attempted coup d’état by the 1st Panel of the STF, with a sentence of 27 years and 3 months in prison;
  • November 22nd – Bolsonaro is preventively arrested by order of the STF and taken to a special room at the Federal Police Superintendence in Brasília.
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