The successive failures by the former president () of the precautionary measures imposed by the (Supreme Federal Court) make it difficult for the coup plot to be punished, according to experts.
Bolsonaro was awaiting the conclusion of the coup plot case with the expectation of going to the closed regime, but with the expectation of obtaining house arrest for health reasons, and was sentenced in 2023 by the Supreme Court.
On the eve of the completion of the process, however, with a soldering iron, as reported to an agent. Although it does not preclude the possibility of house arrest in the future, the conduct can be an obstacle.
Two months ago, members of the center reached an agreement that involved the possibility of the former president serving time for the coup plot under home rule as an alternative to amnesty.
For lawyer Pierpaolo Bottini, professor of criminal law at USP, the news of the attempted rape of the ankle bracelet could make this plan difficult. It is not possible to discard the measure, but convincing the judge to adopt it becomes more difficult.
“As a rule, what monitors compliance with the home rule is precisely this device. To the extent that there is an indication that there was a clear attempt to violate it, this undermines the confidence that the person will not leave the house”, he states.
When passing by this Sunday (23) at the superintendent’s office in Brasília, the former president said that he tried to open the ankle bracelet because he had a “certain paranoia” due to the use of medication and that he only “came to his senses” at midnight.
Constitutional law professor Damares Medina says that Bolsonaro’s statement that he had no intention of escaping when violating the equipment could even be used by the defense as a mitigating factor, but it would be difficult to reverse the serving of the sentence in a closed regime.
“It is very difficult that, in this scenario, a defendant who has repeatedly failed to comply with precautionary measures, will be granted this privilege of house arrest again after the final judgment. [do processo da trama golpista]”, he states.
After non-compliance with measures in another investigation, due to coercion, obstruction of justice and attack on national sovereignty. Forbidden from using social media, the former president participated in the event via video call.
Even with the video and document from the STF showing the damage to the device, Paulo Cunha Bueno did not explain the violation of the ankle bracelet and said that the information was being used as a narrative to “justify the unjustifiable”.
Criminalist Renato Vieira, doctor in criminal procedural law from USP, says that the attempted violation of the ankle bracelet does not prevent the granting of house arrest in the future, when the former president is already serving a definitive sentence, but it could be a complication.
“When he is serving his sentence, it will be another time,” he says. “A decision given in a precautionary measure does not necessarily make it impossible to re-evaluate the situation depending on a situation of imprisonment to serve a sentence.”
On the other hand, the context can be taken into account by the minister or magistrate to whom the Supreme Court delegates compliance with criminal execution when analyzing the requirements for house arrest.
The Criminal Execution Law provides for house arrest for (i) convicts over 70 years of age; (ii) person suffering from a serious illness; (iii) mother with a minor child or child with a physical or mental disability; and (iv) pregnant woman — but only for those serving an open prison sentence.
Allies of the former president are betting on the possibility of humanitarian house arrest, along the lines of the Collor case. In situations of advanced age and serious comorbidities, there are precedents that authorize the measure on an exceptional basis.
For criminal law professor Thiago Bottino, a possible worsening of Bolsonaro’s health condition is seen as the only justification for a possible sentence for conviction in the coup plot process under house arrest.
“If the health conditions worsen to such an extent that there is no option to keep them in prison, the judge will end up transferring them to house arrest, to ensure that the person does not die. But outside of this hypothesis, by no other criteria would it make sense today”, he says.
In this case, according to the FGV Direito Rio professor, there will still be a need for greater public spending on escorts to guarantee the former president’s safety, which should also be taken into account by the Judiciary in the decision.
Constitutional law professor Damares Medina, in turn, points out as an alternative the hypothesis of serving the prison in a hospital unit, with the possibility that the costs will be borne by the family itself.
