The minister, of the (Supreme Federal Court), ordered the transfer of the former president, who was imprisoned in the superintendence of Brasília, to the 19th Military Police Battalion, an area known as Papudinha.
Bolsonaro was already transferred to the unit, this Thursday afternoon (15).
The minister also ordered that the person sentenced to 27 years and 3 months in prison for the attempted coup d’état be immediately submitted to the official medical board, made up of PF doctors, to assess his clinical health condition. After that, Moraes will decide whether to keep the former president in Papudinha or order his transfer to a penitentiary hospital. This assessment precedes the analysis of the new request for house arrest presented by the defense.
The minister’s order comes after an extensive series of complaints from the former president’s family, supporters and defense. In recent weeks, the defense made, among other requests, a request for a SmartTV and the reduction of noise from the air conditioning. The pressure increased after he suffered a fall last week, which according to a medical examination.
Despite having transferred Bolsonaro to larger facilities, the rapporteur of the investigation into the coup plot said that serving the sentence is not a “hotel stay” or a “holiday camp” — and countered criticism from the former president’s children about the conditions in the PF General Staff room.
According to the minister, family members are carrying out “a fraudulent news campaign with the aim of trying to disqualify and delegitimize the Judiciary”, ignoring that the PF room is twice the minimum size provided by law, an exclusive bathroom, minibar, television and air conditioning — benefits that “do not exist for the other 384,586 prisoners in a closed regime in Brazil”.
“Deceitfully and regrettably, there has been a systematic attempt to delegitimize the regular and legal execution of Jair Messias Bolsonaro’s custodial sentence, which has been taking place with absolute respect for the dignity of the human person and under extremely favorable conditions in relation to the rest of the Brazilian penitentiary system,” he wrote.
Moraes cited interviews given by the senator () in which he compares the PF prison to captivity, is suspicious of the origin of the food, complains about visiting hours and even says that Bolsonaro is “under lock and key.”
The minister also cites publications by the former Rio de Janeiro councilor criticizing the PF’s incarceration and says that the former president’s son “completely ignores the real situation of the Brazilian prison system.”
“Carlos Bolsonaro intended to have the right to enter and leave the General Staff Room of the Federal Police Superintendence to visit the prisoner whenever he wanted, without respecting the basic rules of closed prison, demonstrating a total lack of knowledge of criminal execution legislation.”
Regarding the noise from the generator alleged by the defense as causing discomfort to the former president, Moraes said that there is no reason for there to be “continuous and permanent noise”, since the PF reported that the device is switched off between 7pm and 7:30am.
In the new facilities, Bolsonaro will continue to have the right to 24-hour medical assistance and visits from his doctors without the need for prior approval. He will also continue undergoing physiotherapy sessions and receiving special nutrition.
Moraes said in the decision that Bolsonaro will be in a room “with even more favorable conditions, equally exclusive and with total isolation in relation to the other prisoners in the complex.” The cell holds four people, but will only be used for the former president. The former Minister of Justice and the former director of the PRF (Federal Highway Police) Silvinei Vasques, who are also serving sentences for the coup plot, share another similar unit.
According to the minister, the transfer will allow “increased visiting time with family members, free sunbathing and exercise at any time of the day, including the installation of physiotherapy equipment, such as a treadmill and bicycle, in compliance with medical recommendations.”
The minister cited characteristics of the location, stating that the unit has a total area of 64.83 square meters and that the infrastructure includes “laundry room, bedroom, living room and external area”. It also mentioned “kitchen with possibility of preparing and storing food, bathroom with shower with hot water, refrigerator, closets, double bed and TV.”
At another point in the decision, Moraes says he “does not see any obstacles” for Bolsonaro to participate in the sentence redemption program for reading. “As long as the regulatory standards and logistical conditions of the prison unit are observed, there is no obstacle to granting the request.”
The request for Bolsonaro to have access to a SmartTV, on the other hand, was denied. Moraes said that devices of this type can be connected to the internet, communication applications and digital platforms, which “significantly increases the risks to institutional security, potentially enabling
improper communications with the external environment, committing illegal acts, obtaining unauthorized information and circumventing control mechanisms”.
OTHER PRISONERS
The Papuda Penitentiary Complex and the unit known as Papudinha, located in the same region, received authorities, leaders of criminal factions, politicians involved in the Lava Jato and Lava Jato scandals and those accused of the January 8 attacks.
It was there that the former minister, former deputy Mário Junqueira and former senator and businessman Luiz Estevão were arrested. The trio was the target of complaints for having been caught with privileges in prison, such as prohibited food and money beyond the permitted limits.
PDF-1 also housed the monthly operator Marcos Valério and former deputy Natan Donadon — the first sitting deputy arrested by the STF since the country’s redemocratization.
The president of Bolsonaro’s party, Valdemar Costa Neto, also stayed in Papuda in 2014, convicted of passive and money laundering.
Papuda also housed PT members José Genoino and Delúbio Soares, convicted in the Mensalão scandals, during Lula’s first term as President of the Republic. The three were detained at the CIR (Internment and Reeducation Center).
