The minister, from the (Supreme Federal Court), pointed out differences between the cases of (PL) and Augusto Heleno to what was done by the former president and authorize the.
In the decision granting house arrest to Augusto Heleno, 78, the minister stated that there was no risk of escape and highlighted respect for court orders. The grounds were different from those adopted when denying the same benefit to Bolsonaro, 70, when Moraes pointed out possible attempts to leave the country.
Former minister Augusto Heleno was arrested and began serving house arrest this Monday (22). He went for an attempted coup d’état.
Moraes stated that he did not indicate an attempt to obstruct justice or failure to comply with orders from the Supreme Court.
The general’s advanced age and health situation also factored into the granting of house arrest. Moraes determined earlier this month. This Monday’s decision comes after the expert confirmed the soldier’s diagnosis.
In the decision, Moraes compared Heleno’s case to that of former president Fernando Collor de Mello, to whom the STF had already granted house arrest. According to the minister, Collor met similar requirements, such as advanced age, serious health conditions, as he had Parkinson’s disease and other comorbidities, and the absence of any evidence of an escape attempt throughout the investigation.
“The adoption of humanitarian house arrest appears to be reasonable, appropriate and proportionate, especially because, in addition to the serious health problems and advanced age, there is not, and has never been to date, any risk of escape caused by the behavior of the convict Augusto Heleno Ribeiro Pereira”, says the minister, in the decision.
In Bolsonaro’s case, Moraes cited an opposite condition when denying house arrest. In previous decisions, the minister repeatedly pointed out the risk of flight, citing the former president’s conduct after the end of his term, the maintenance of political articulations and episodes considered as an affront to judicial decisions.
In November, the STF made official the end of the process and that of those convicted of the coup plot. Bolsonaro is serving his sentence in the Federal District, where he has been imprisoned since November 22nd.
Moraes recalled episodes in the decision that, according to him, indicate a concrete risk of escape on the part of Bolsonaro. Among them, he cited documents that indicated his intention to go to Argentina and the fact that Bolsonaro stayed at the Hungarian embassy for two days in February this year.
The minister also mentioned signs of planning to escape to the United States, where Bolsonaro could meet with former deputy Eduardo Bolsonaro and former deputy Alexandre Ramagem — .
“During the criminal procedural instruction, the defendant Jair Messias Bolsonaro committed both repeated failures to comply with precautionary measures other than prison and concrete acts aimed at escaping. resulted in the conversion of house arrest into preventive detention”, he said.
Bolsonaro’s defense asks him to serve house arrest for health reasons. The former president has complications as a result of surgeries performed after the stab wound to the stomach he received in the 2018 elections.
Lawyers also asked for authorization for the former president to undergo surgery to correct a bilateral inguinal hernia, in addition to additional interventions. On Friday (19), Moraes authorized the procedure and requested that the schedule and scheduled date for the surgery be informed.
