SAO PAULO (AP) – Brazil's former President Jair Bolsonaro will serve his 27-year sentence for a coup attempt under house arrest instead of in prison due to health concerns, a judge ruled on Tuesday. Bolsonaro, 71, who has been hospitalized since March 13 for pneumonia, will return to his home in Brasília after being discharged from the hospital. Supreme Court Justice Alexandre de Moraes, who made the ruling, stated that he would reevaluate the situation within 90 days.
As part of the terms of his house arrest, Bolsonaro is required to wear an ankle monitor and is prohibited from using cellphones. Local police will monitor his residence in a gated community, where protests against him are not allowed. The restrictions also extend to visitors, as he can only receive doctors and family members.
Since the assassination attempt in 2018, when Bolsonaro was stabbed, he has faced numerous health issues. His recent hospitalization and ongoing health issues led to the decision for house imprisonment rather than incarceration. Legal experts note that it is uncommon for Brazilian judges to impose restrictions on house arrest, which are notably challenging to reverse.
Historical precedents have shown that Brazil’s Supreme Court typically only revokes house arrest under certain conditions, such as significant improvement in the detainee’s health or violation of imposed rules, which include refraining from public statements or social media activity. Justice de Moraes had previously denied similar requests from Bolsonaro's family to allow for more lenient conditions.
In his ruling, De Moraes emphasized that Bolsonaro would be returned to prison or a hospital if he failed to comply with the terms of his house arrest. The judge’s scrutiny reflects his perceived stance against the former president, as Bolsonaro’s supporters consider him a political adversary.
Bolsonaro served as president from 2019 to 2022 and maintains a considerable level of public popularity. His son, Senator Flávio Bolsonaro, has indicated that his father has chosen him to run for president in the upcoming October election, with polls showing them in a close race against the incumbent, Luiz Inácio Lula da Silva.
While in intensive care for several days due to kidney complications and other health issues, the DF Star hospital reported that Bolsonaro's condition is now stable, although no timeline was provided for his anticipated return home.
After the ruling, Flávio Bolsonaro expressed concerns about the temporary nature of the decision, stating, “He is going home for his health to improve. And then in 90 days if he improves he goes back to the place where his health was getting worse?” emphasizing the contradiction in the arrangement.
Prior to beginning his sentence, Bolsonaro was briefly detained after attempting to sever his ankle monitor with a soldering iron, leading De Moraes to classify him as a flight risk at that time. His family has been advocating for him to be allowed home under medical grounds since his conviction last November. In January, Bolsonaro was moved to a larger cell from the federal police headquarters.
Brazil’s Attorney General Paulo Gonet has stated his support for Bolsonaro's release to house arrest for health reasons, facilitating the shift from a prison setting to home confinement. Bolsonaro has faced convictions related to leading an armed criminal organization and attempting a violent overthrow of Brazil's democratic government, but he has consistently denied any wrongdoing.
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