(PL)’s defense once again asked the (Supreme Federal Court) for the former president’s house arrest, on the grounds that there was a worsening of his condition, which resulted in him being admitted to the hospital. The decision is up to the minister.
The lawyers cite that the emergency hospital admission demonstrates a worsening of Bolsonaro’s clinical condition and that it is “absolutely incompatible with the preservation of his health and physical integrity”, which could lead to fatal complications.
Last Friday (13) is placed by the defense as a fact supervening on Moraes’ decision, on March 2. Therefore, lawyers are asking for reconsideration.
Bolsonaro had bacterial pneumonia resulting from an episode of pulmonary aspiration and is still not expected to be discharged. According to the defense, this demonstrates that the serious clinical condition is not a hypothesis, but a concrete fact.
According to a medical bulletin from the DF Star hospital this Tuesday (17), Bolsonaro had “”, but a new drop in inflammatory markers.
The statement says that the former president was transferred on Monday (16) to new intensive care accommodation, “more suitable for the current clinical picture”.
“The occurrence of the episode that led to the recent emergency hospitalization unequivocally demonstrates the materialization of these risks”, say the lawyers in the petition sent to the Supreme Court.
According to the document, Bolsonaro’s stay in Papudinha, where he is involved in the coup plot, exposes the former president to a “progressive risk, as the lack of continuous surveillance and immediate intervention favors the repetition of similar events.”
The defense also claims that the first symptoms of pneumonia occurred at 2 am and that medical care began at 6:45 am, an interval that demonstrates the impossibility of clinical surveillance in prison for 100% of the time.
“In sudden episodes, the current regime for serving the sentence, even though it has the availability of a medical team on call, is not capable of ensuring continuous monitoring or an immediate response from a health team.”
The request mentions that house arrest is not a privilege to be granted to Bolsonaro, but a “necessary measure to ensure minimum conditions of adequate medical treatment, so as not to result in an undue increase in clinical risks.”
Bolsonaro’s hospitalization rekindled an effort in the STF for Moraes to authorize the home regime. At court, at least two ministers close to the rapporteur are dedicated to this convincing effort, which began last year. In the words of a minister, the transfer became a humanitarian issue.
When denying the request in early March, Moraes stated that the former president’s health problems can be monitored and treated in the place where he is imprisoned. Papudinha has 24-hour medical assistance, an advanced Samu unit and free access to Bolsonaro’s medical team.
Moraes mentioned “the total adequacy of the prison environment to the medical needs of the prisoner, with absolute respect for their health and human dignity.” He also cited the episode in which Bolsonaro tried to break the electronic ankle bracelet, which was interpreted by the minister as an attempt to escape.
According to the minister, given “reiterated non-compliance with precautionary measures throughout the criminal proceedings” and the result of the official medical examination, “the exceptional requirements for granting humanitarian house arrest are not present.”
