His anti-intellectual work was shouted, not written. Their challenges against education, public health, the environment, science, rights and freedoms have been heard for decades. Their concrete actions, consistent with the cry, fought to undermine legality, incite deforestation in the Amazon, intimidate and sectarianize State regulatory structures, threaten teachers and scientists, encourage all forms of exposure to the virus in the pandemic.
Jair Bolsonaro became an elected leader thanks to his philosophy of prison and the imprisoned person. It understands a person arrested as non-human and defines criminal responsibility based on presumption, not evidence. If you are arrested, you are presumed criminal. His primal synthesis: “Bandit has to rot in jail. If jail is a bad place, just don’t do something stupid and you won’t go there. Let’s put an end to this story of being imprisoned. Whoever is there deserved it.” “It’s the problem of whoever committed the crime.”
Bolsonaro is in prison. A few days before the decision to sentence him to 27 years in prison for an attempted coup d’état became final, the minister issued an order. He wasn’t arrested because he said “I’m going to prison”, but because of precautions.
Moraes’ decision provides a detailed chronology of the multiple ways in which Jair Bolsonaro defies justice and obstructs the application of criminal law. On July 17, Jair was banned from leaving the district with the use of an electronic ankle monitor and night-time home confinement; banned access to embassies and consulates, as well as contact with ambassadors; and prohibited using social networks directly or indirectly. Disobedience would authorize the decree of arrest.
On July 21, in defiance of the STF, Bolsonaro makes a speech on social media. On August 3, he participated, through communication on the networks, in the actions of his supporters, who displayed the United States flag in the streets. On August 4, the e prohibited visits, except by lawyers and people authorized by the court, and the use of cell phones, in addition to maintaining previous prohibitions.
A more recent new fact, the police identified a call, by Flávio Bolsonaro, “for Bolsonaro’s health and for Brazil’s freedom”. The tone evoked the camps in front of the barracks preparing the coup attempt: “Are you going to fight for your country or watch everything on your cell phone from the couch at home? Our homeland will not continue to be in the hands of thieves, bandits and dictators.”
Alexandre de Moraes’ new order, based on police documentation on new facts, understood that the vigil could cause “serious damage to public order”, “make it impossible to carry out a possible prison sentence” and “create an environment conducive to his escape”.
There is a constitutional philosophy of prison, contrary to the Bolsonarist philosophy of prison. Against everything he wished for imprisoned people, Bolsonaro has the right not to be subjected to torture or suffer inhuman and degrading treatment; has the right to respect for physical and moral integrity; has the right to remain silent and to the assistance of family and a lawyer. You have the right to material and legal, educational and health assistance.
You also have the right to breathe and be vaccinated. You have the right to be treated like other prisoners in your level of dangerousness for the most serious crime in the Penal Code.
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