The defense of () once again asked the minister, of the (Supreme Federal Court), to grant house arrest to the former president.
In this Tuesday’s request (13), the lawyers cite Bolsonaro’s state of health, the decline in the last week and ask, as a matter of urgency, for an independent medical assessment on the compatibility of his clinical state with the cell in which he is imprisoned.
According to them, the right to health and physical integrity require preventive action, especially when the risks are known and documented. “It is not necessary for the prison system to cause the death or irreversible injury of the person in custody in order for their incompatibility with prison to be recognized,” says the defense.
The request was taken to the Supreme Court on the same day that Moraes denied the appeal filed against Bolsonaro’s conviction. In it, the lawyers also state that the former president, according to a physiotherapeutic report, “cannot stand on his own.”
Bolsonaro is detained at the Federal Police Superintendency of the Federal District.
“Criminal execution, especially when it involves an elderly and clinically vulnerable person, cannot be structured on the expectation that luck will continue to intervene. Judicial protection must be preventive, and not reactive to completed tragedies”, say the lawyers.
According to them, Bolsonaro had a syncope, fell, suffered head trauma and the consequences were not more serious due to random circumstances.
The fact, they argue, changes the scenario that supported the last home denial, on January 1st.
“If the impact had fallen on the temporal, occipital region or base of the skull, considering the Petitioner’s advanced age, the documented cervical degenerative changes and the continuous use of centrally acting medications, what is being discussed today could have resulted in death or an irreversible neurological sequelae”, they stated.
For the defense, further, no structural adaptation of the cell would be able to replace the continuous presence of a caregiver or health professional with Bolsonaro to intervene at necessary times.
“What is at stake, therefore, is not the sufficiency of equipment or architectural adaptations, but the structural impossibility of the prison to offer continuous human assistance, an indispensable condition for preserving the Petitioner’s physical integrity”, they state.
In the morning, Moraes denied the defense’s appeal presented this Monday (12) so that the minister’s vote that acquitted the former president would prevail and the .
The rapporteur argued that the request is legally unenforceable, as the process that condemned Bolsonaro ended in November and the sentence to which he was sentenced has already begun.
Moraes declared the criminal action at the end of November. On the same date, the magistrate sentenced the former president to 27 years and 3 months in prison on charges of leading a .
The ministers of the First Panel of the STF found him guilty of the crimes of coup d’état, abolition of the democratic rule of law, armed criminal organization, qualified damage to property and deterioration of listed property.
He was considered leader of the movement that did not recognize the result of the 2022 presidential election, won by , and attacked the headquarters of the Powers of the Republic on January 8, 2023.
The lawyers also attached to the case a medical report from last Thursday (8), which states that Bolsonaro’s current clinical condition results from a set of chronic, structural and permanent pathologies since the stab wound he suffered in 2018.
“The medical document is clear in stating that the Petitioner presents permanent clinical vulnerability, with a concrete risk of falls, mental confusion, sudden episodes of cardiovascular decompensation, hypertensive crises, aspiration events, intestinal obstructions and secondary trauma, requiring continuous monitoring, permanent clinical surveillance and immediate access to specialized hospital care”, they said.
At the beginning of the year, when denying the defense’s last attempt to get Bolsonaro to domicile, Moraes stated that the former president’s condition had improved after medical interventions.
The former president had been admitted to the DF Star hospital, in , on December 24, to undergo hernia surgery. He — which is why he underwent three surgical procedures at the end of the year.
“Contrary to what was alleged by the defense, there was no worsening of Jair Messias Bolsonaro’s health situation, but, rather, a clinical picture of improvement in the discomfort he was feeling, after carrying out the elective surgeries, as indicated in the report from his own doctors”, said Moraes.
