The minister of the (Supreme Federal Court) denied this Friday (16) a habeas corpus filed by a lawyer who asked that the former president (PL) be placed under house arrest, as his rights were not being respected in the cell at the PF Superintendency.
The request was filed by a lawyer who does not act for the former president. The statement was forwarded to the STF before Bolsonaro was transferred, on Thursday (15), to Papudinha by order of minister Alexandre de Moraes. Even so, Gilmar understood that an appeal from a third party unrelated to the process would not be appropriate, since the former president’s official defense is acting in the case.
Anyone can file a HC with the STF. Even those who are not lawyers can submit a request to the STF to have their right to freedom of movement guaranteed. The analysis of the request, however, depends on some minimum criteria, such as the person not already being represented by lawyers.
The appeal was initially presented to Minister Alexandre de Moraes, who declared himself impeded. As he is currently presiding over the Supreme Court, due to the Judiciary’s recess, Moraes was the one who analyzed the request and declared himself prevented from doing so due to the fact that the HC was questioning his act. The case was then redistributed to Minister Cármen Lúcia, who is on recess and cannot analyze the request.
Given the urgency, the decision was made by Gilmar Mendes. As he is the oldest member of the court and continues to work even during recess, Gilmar received the request from Moraes to analyze him.
“The present habeas corpus was handled against the act of a Minister of this Supreme Court, appointed as a coercive authority. In this case, the jurisprudence of the Federal Supreme Court is reiterated and peaceful in the sense that knowledge of habeas corpus filed against decisions of Ministers or collegial bodies of the Court itself is not admitted”, decided Gilmar Mendes.
The appeal was presented in parallel with Bolsonaro’s defense efforts to get him to go to home care. Family members and allies of the former president have been carrying out an intense campaign on social media warning about Bolsonaro’s fragile health and arguing that he should be serving his sentence at home. Former first lady Michelle Bolsonaro even met with Moraes and Gilmar to ask for domicile.
In response to the appeals, Moraes ordered Bolsonaro to be transferred to Papudinha — a special wing of Papuda with larger cells and where Bolsonaro can have more visiting time with his family. The former president is alone in a special cell with a bed, kitchen, bathrooms and an outdoor area that allows him to sunbathe whenever he wants.
As shown by UOL, the space is larger than 85% of the apartments launched in São Paulo. Traditionally, Papudinha’s cells are used for four prisoners, but the former president has the entire space at his disposal. It also has a medical team available 24 hours a day to assist you in case of emergencies.
