The First Panel of the Supreme Federal Court (STF) unanimously confirmed, on Monday, the 24th, the decision of Minister Alexandre de Moraes ordering the preventive detention of Jair Bolsonaro following the destruction of the electronic ankle monitor and indications of an escape attempt.
The news was published by the newspaper Estado de S. Paulo, which detailed the behind-the-scenes of the detention, the custody hearing, and the next steps in the process related to the alleged coup plot.
Bolsonaro has been imprisoned since Saturday, the 22nd, at the Federal Police Superintendency in Brasília. His detention was upheld after a custody hearing held on Sunday, the 23rd.
Flight risk and destruction of the ankle monitor motivated the arrest
According to the newspaper, Moraes ordered the preventive detention after Senator Flávio Bolsonaro called supporters for a vigil in front of the condominium where his father was serving house arrest.
Still in the early hours of Saturday, Bolsonaro burned the electronic ankle monitor, a fact he confirmed to the agent from the Federal District’s Penitentiary Administration Secretariat.
In the custody hearing, Bolsonaro attributed the episode to “paranoia” and “hallucination”.
The defense told the STF that, despite the damage to the equipment, the former president had not removed the ankle monitor and there was no intention to flee. The legal team requested that Bolsonaro return to house arrest for humanitarian reasons, citing health problems. Moraes has not yet ruled on the request.
Medical report cites “mental confusion”
The lawyers also attached a medical report stating that Bolsonaro spent his first night at the PF without incidents.
The professionals noted that the former president exhibited “mental confusion”, which was allegedly caused by medication previously prescribed by another health professional.
Process is in final phase and detention may become definitive
The First Panel’s assessment does not alter the progress of the main case. Bolsonaro has already been sentenced to 27 years and 3 months in prison for his role in the coup plot.
After the rejection of the defenses’ initial declaratory embargoes, the deadline for the so-called “embargoes of embargoes” expires this Monday.
Based on STF jurisprudence, Moraes can, starting Tuesday, decide whether to deem the new appeals dilatory. If he does, he may declare the case final and convert the preventive detention into definitive imprisonment to begin serving the sentence.
The individual decision may later be submitted for endorsement by the other ministers of the First Panel.
Debate over embargos infringentes
Some jurists cited by the newspaper believe it is necessary to wait until the end of the deadline for the so-called embargos infringentes, which closes on Friday, the 28th. This appeal is typically allowed when there are at least two divergent votes, which did not occur in Bolsonaro’s case.
Even so, the defense indicated it will attempt to file the request based on the Court’s internal regulations, which do not specify a minimum number of votes.
Other defendants in the coup nucleus
In addition to Bolsonaro, another defendant remains in preventive detention: Walter Braga Netto, arrested since December last year. With final judgment, he would also shift to the definitive sentence-serving regime.
The other defendants are:
• Alexandre Ramagem, who left Brazil and is in Florida
• Almir Garnier, former Navy commander
• Anderson Torres, former Justice Minister
• Augusto Heleno, former GSI Minister
• Paulo Sérgio Nogueira, former Defense Minister
• Mauro Cid, former aide-de-camp to Bolsonaro, who did not appeal and is already serving his sentence
Source: brasil247.com