Minister says there are no legal requirements and maintains a closed regime; former president should be discharged this Thursday (1st January 2026)
Minister Alexandre de Moraes, of the STF (Supreme Federal Court), denied this Thursday (1st January 2026) the defense of the former president (PL) to replace the closed regime with house arrest of a humanitarian nature. The decision determines that, after the –scheduled for this Thursday (January 1st), he will return to the Superintendence of the PF (Federal Police) of the Federal District, in the General Staff Room.
The request was presented on Wednesday (Dec 31, 2025) and requested the immediate implementation of house arrest after medical release, on the grounds that return to custody could pose a risk of worsening the health condition. Moraes declared, however, that the defense did not bring supervening facts capable of ruling out the grounds that led to the rejection of a similar request on December 19. According to the rapporteur, “there is a total absence of legal requirements” for granting the benefit. Read the decision (PDF – 121 kB).
In the decision, the minister highlighted repeated non-compliance with precautionary measures and the existence of concrete acts aimed at escape, including the destruction of the electronic ankle bracelet. Given the history, it was considered necessary to maintain the initial closed regime “for the effective application of criminal law and final court decisions” of the Court.
Moraes also rejected the allegation of clinical worsening. According to the order, there was no worsening of the health condition, but an improvement in discomfort after elective surgeries, according to reports presented by the convict’s own doctors. The minister added that all prescriptions indicated by the defense can be fully fulfilled at the Federal Police unit, where there is 24-hour medical duty, in addition to unrestricted access to attending doctors, medications, physiotherapy and delivery of food prepared by family members.
The former president is serving time for an attempted coup d’état.
HEALTH OF THE FORMER PRESIDENT
On Wednesday morning (Dec 31), Bolsonaro underwent an endoscopy exam to evaluate gastroesophageal reflux. According to a medical bulletin, initial signs of esophagitis and gastritis were identified. “We arrived early and he was already stable, pressure controlled, breathing better and no arrhythmia. In short, he is more stable”said cardiologist Brasil Caiado.
Before release, Bolsonaro will undergo a new medical evaluation this Thursday (1st January 2026). The Federal Police Superintendence in the Federal District will be responsible for transferring the former president back to PF custody.
