The defense of former president Jair Bolsonaro (PL) asked the STF (Supreme Federal Court) that he remain in the hospital where he is admitted, in Brasília, until the request for humanitarian house arrest, filed this week, is analyzed.
The request was forwarded to Minister Alexandre de Moraes, rapporteur for criminal execution.
In the request, the lawyers ask that Bolsonaro not return to the Federal Police Superintendency, where he is serving a sentence of 27 years and three months in prison, until the STF makes a definitive decision on home-staying.
According to the defense, the measure is necessary given the recent and still evolving clinical situation, in addition to postoperative complications that would require continuous and monitored medical care.
Bolsonaro is admitted to DF Star Hospital, after undergoing surgical procedures in recent days. The medical team’s initial prediction is that, if the home stay request is denied, it could result in his immediate transfer to the PF.
In the request presented to the STF, the lawyers state that the return to the closed regime, immediately after discharge, would occur under clinical conditions incompatible with prison routine, including displacement and structural limitations of the prison system.
The defense also maintains that remaining in a prison could pose a concrete risk of worsening the former president’s health condition.
This is the third request for house arrest made by Bolsonaro’s defense. The previous two were denied by Moraes, in November and December. At the time, the minister considered that there was a risk of flight and that the former president had unrestricted access to medical care, which would rule out the allegation of worsening health.
The former president was hospitalized on December 24 to treat a bilateral inguinal hernia, but ended up undergoing four surgical procedures in about a week, including interventions to contain persistent hiccups, in addition to tests that identified esophagitis, gastritis and blood pressure spikes.
During his hospitalization, Bolsonaro also requested a prescription for antidepressants.
The decision on the request will be made by Minister Alexandre de Moraes. If the request is denied, the expectation is that Bolsonaro will be transferred to the PF Superintendency after his medical discharge.