Minister Flávio Dino, president of the First Panel of the Federal Supreme Court, voted to maintain the preventive detention of former president Jair Bolsonaro (PL). Unanimously, on the morning of this Monday (24), endorse the decision of Minister Alexandre de Moraes, who converted the house arrest into preventive on Saturday (22) after finding the violation of the electronic ankle bracelet.
In his vote, Dino highlighted that all legal requirements for preventive detention are present, including repeated non-compliance with precautionary measures imposed by the Supreme Court, in addition to the concrete risk of evasion and threat to public order.
For the minister, the damage caused to the ankle bracelet by the former president is unequivocal evidence. “Widely publicized video constitutes incontrovertible evidence regarding the attempt to destroy the equipment guaranteeing the precautionary measure”.
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Dino also highlights that “the escapes of federal deputies to other countries [Alexandre Ramagem e Carla Zambelli] perpetrators of similar and related crimes, demonstrate the violating environment of public order in which the criminal organization headed by the convicted person operates”.
The minister reinforces that the scenario constitutes a “picture that, regrettably, is consistent with the set of illegalities already disapproved by the Judiciary. The leaks mentioned show profound disloyalty towards the country’s institutions, composing a deplorable criminal ecosystem.”
Moraes’ vote
In , minister Alexandre de Moraes stated that former president Jair Bolsonaro “intentionally and consciously” violated the electronic ankle bracelet, and that he confessed to the act at the custody hearing.
“There is no doubt, therefore, about the need to convert house arrest into preventive detention”, stated the minister. According to him, house arrest, decreed in August after “reiterated non-compliance with precautionary measures” did not prevent “continuity in disrespect for precautionary measures”
“On the contrary, it expanded last Friday, 21/11, when Jair Messias Bolsonaro intentionally and consciously violated the electronic monitoring equipment, as evidenced by the SEAP/DF report ‘about electronic monitoring’”, highlighted Moraes in the vote.
In the vote, Moraes highlighted that, during the custody hearing, Bolsonaro confessed that he disabled the electronic ankle bracelet with “commitment of serious misconduct, blatant non-compliance with the precautionary measure and patent disrespect for Justice”. The minister, however, made no mention of the justification given by the former president, that he was in a psychotic episode due to the side effects of medications administered by his doctors.
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