The defense of former president Jair Bolsonaro (PL) reiterated this Wednesday, 11th, to Minister of the Federal Supreme Court Alexandre de Moraes, the request for progression from the closed regime to house arrest on a humanitarian basis. Bolsonaro has been imprisoned since January 15th in the 19th Military Police Battalion of the Federal District, known as Papudinha.
In the 11-page application, lawyers Celso Sanchez Vilardi, Paulo Amador da Cunha Bueno and Daniel Bettamio Tesser state that the former president presents a “picture of multiple chronic illnesses, relevant surgical sequelae and functional changes”, which, according to the defense, justify the granting of the benefit.
The document lists “successive hospitalizations, multiple abdominal surgeries, recurrent episodes of aspiration pneumonia, severe obstructive sleep apnea, systemic arterial hypertension, coronary and carotid atherosclerosis, in addition to neurological changes and postural instability. The defense also mentions the continuous use of medications with central and cardiovascular effects.”
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The petition argues that maintaining the former president in the closed regime could generate “serious or irreversible consequences” if he is not allowed to serve his sentence of 27 years and 3 months at home for an attempted coup d’état.
According to the lawyers, the clinical condition not only requires periodic medical monitoring, “but the continuous physical presence of third parties, whether trained family members or health professionals”. They argue that support would be necessary to ensure strict compliance with medical prescriptions and the immediate identification of signs of decompensation, falls or episodes of bronchoaspiration.
Last week, a medical opinion drawn up by experts from the Federal Police concluded that Bolsonaro’s health status requires continuous monitoring, but does not prevent him from remaining in prison.
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The clinical evaluation, carried out on January 20, highlighted the need for strict monitoring of blood pressure, adequate hydration, fractional feeding, periodic exams and continuous use of a CPAP device to treat sleep apnea.
Regarding Papudinha’s structure, the defense is adamant. “The 19th Battalion does not have its own medical outpatient clinic, so, in order to enable the Petitioner’s stay in the manner defined by this Court, it was necessary to provide an exclusive doctor and a SAMU Advanced Health Unit, functioning as a mobile ICU, equipped with mechanical ventilators and defibrillators, on a 24-hour rotation basis. This fact alone reveals the exceptionality and structural precariousness of the arrangement, which depends on multiple external and contingent factors, not to be confused with the permanent and stable guarantee required for the preservation of life and physical integrity.”
Lawyers attached 170 pages of the former president’s medical examinations. According to the defense, “all doctors recorded” that Bolsonaro “has a deficit in his balance and walking”.
“The little exercise carried out – walks of around 1 km – are limited precisely by the imbalance and the accentuated risk of falling, which would require monitoring that is currently impossible”, says the document.
“The opinion of the technical assistant advances precisely this point, by demonstrating that the prison custody environment, due to its structural and operational limitations, concretely increases the risk of acute decompensation, aspiration pneumonia, respiratory failure, hypertensive crises, thromboembolic events, arrhythmias, falls with traumatic brain injuries and even sudden death”, concludes the petition.
