Arrested preventively this Saturday (22), the former president () will participate in a custody hearing this Sunday (23), at 12 pm, at the regional superintendency of the Federal District.
The former president was ordered by the minister of the (Supreme Federal Court). The judge understood that there was, which could make the application of criminal law difficult, one of the justifications present in law for decreeing this type of arrest.
In the court decision, the judge also cites a publication by one of the politician’s sons, senator Flávio Bolsonaro (PL-RJ), about a vigil for Bolsonaro in the Jardim Botânico, in Brasília, a region where the former president had been under house arrest since August 4 for failing to comply with previous precautionary measures.
For this Saturday’s arrest, the magistrate stated that there was “a concrete possibility that the vigil called would take on a large scale, with the concentration of hundreds of supporters of the former president”, which, for Moraes, could cause “serious damage to public order”. This is also one of the criteria for preventive detention according to the legislation, provided for in article 312 of the Criminal Procedure Code.
According to the judge, the Supreme Court was notified by the Federal District’s Integrated Monitoring Integration Center about a violation of Bolsonaro’s ankle bracelet in the early hours of Saturday, which could be related to the scheduled vigil.
“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 minister in the court decision.
Bolsonaro was sentenced to 27 years and three months in prison for leading an attempted coup d’état. The process is in the appeal phase, which may be exhausted in the coming days. Thus, the former president could definitely go to prison, this time as a result of this conviction.
With the preventive measure, the politician was taken to the PF Superintendence in Brasília, where he will be detained. One of the next steps is the custody hearing and session at the STF to confirm Moraes’ decision.
Understand what Bolsonaro’s next step will be after pre-trial detention.
Custody hearing
The purpose of the custody hearing is to carry out an initial check, with a judge, of the legality of the arrest.
The Public Ministry and the defense also attended the occasion. The judge assesses whether there was an irregularity in the act at various stages of the process, such as whether the arrest respected legal rules and whether there was abuse or irregularity in police action.
According to Welington Arruda, master in law and justice from IDP (Brazilian Institute of Education, Development and Research), the hearing “is a fundamental guarantee provided for in international treaties and incorporated into the practice of the Brazilian Judiciary since 2015”.
According to him, the legislation allows the hearing to be held via videoconference, in the case of Bolsonaro, in exceptional situations involving a security risk or the need to avoid public exposure or disturbance.
“It is a necessary step, because whenever there is an arrest — whether in the act, by warrant, or due to non-compliance with precautionary measures — the custody hearing is a mandatory step in the process. It is there that the judge confirms whether the arrest should remain valid.”
Session in the First Panel of the STF
Moraes also requested, for this Monday (24), a virtual session in the First Panel of the Supreme Court so that the other ministers can evaluate the decision.
Thus, while the custody hearing will assess whether or not there was illegality in the act, such as violence in the police approach, and will be the moment for Bolsonaro to speak out before the judge, the Supreme Court session will confirm or not the magistrate’s decision.
According to Thiago Bottino, professor at FGV Direito Rio, it is likely that the custody hearing will be conducted by a judge assisting Moraes, but the magistrate himself could hold the hearing. “What the judge must do is listen [Bolsonaro]collect information and pass it on to the minister and the Panel”, says Bottino. Based on this information, the STF ministers will ratify the decision or not this Monday.
Thus, ministers can revoke the measure and opt for a less serious precautionary measure, such as a return to house arrest, or confirm Moraes’ decision.
In this case, Bolsonaro could remain in preventive detention until the case regarding the coup plot becomes final, which could definitively lead him to prison to serve a sentence of 27 years and 3 months.
