The Federal Supreme Court (STF) decreed this Saturday (22) the preventive detention of former president Jair Bolsonaro. The decision was taken by Minister Alexandre de Moraes after discovering new facts that indicated a risk to public order and the application of criminal law. But after all, why was Bolsonaro arrested? Understand the main points.
Bolsonaro had already been sentenced by the First Panel of the STF to 27 years and 3 months in prison, in an initial closed regime, for crimes such as violent abolition of the Democratic Rule of Law, criminal organization and coercion during the process.
The collegiate decision was published on October 22nd and the last appeals were rejected on November 18th, which made the final and unappealable decision imminent.
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Before his preventive detention, the former president was under house arrest with an electronic ankle monitor and was prohibited from using social media, maintaining contact with other people under investigation and approaching embassies or foreign authorities. According to the STF, he failed to comply with these rules by appearing in videos and posts on social media and, in the early hours of November 22, there was a violation of the electronic monitoring equipment.
The decisive factor was the risk of escape
The decisive factor for preventive detention was the concrete risk of escape. The Federal Police reported that there was a previous plan for Bolsonaro to seek political asylum in embassies, such as Argentina, and highlighted that the condominium where he was staying is close to the embassy area in Brasília. Furthermore, co-defendants and allies, such as Alexandre Ramagem and Carla Zambelli, had already fled the country. The calling of a vigil by Senator Flávio Bolsonaro for the night of November 22nd could generate crowds and turmoil, making supervision difficult and creating an environment conducive to evasion.
For Moraes, the call repeated the modus operandi used in 2022 to attempt a coup d’état, with digital mobilization and belligerent speech against the STF. The Attorney General’s Office agreed with the measure, highlighting the urgency given the proximity of the final and unappealable decision.
What happens now?
Bolsonaro was taken to the Federal Police Superintendence in the Federal District, where he will undergo a custody hearing on November 23rd. The decision will be endorsed by the First Panel of the STF in a virtual session scheduled for November 24th.
