Supreme Court minister Alexandre de Moraes has rejected a request by the defence of former president Jair Bolsonaro for humanitarian house arrest after medical treatment, ordering that Bolsonaro return to the Federal Police (Polícia Federal) once he is discharged from hospital.
The decision, issued on Thursday (1st), follows Bolsonaro’s admission to the DF Star hospital on 24 December. His doctors had said a discharge was anticipated on Thursday. Moraes held that the petition presented by the defence failed to show any new facts that would alter the court’s earlier refusal of a similar request on 19 December 2025.
Bolsonaro house arrest denied: court reasoning
In his ruling, Moraes reiterated that the legal criteria for granting house arrest are not met. The minister pointed to repeated breaches of judicial conditions and specific acts suggesting an intent to flee, including the deliberate destruction of an electronic ankle monitor.
The former president was sentenced to 27 years and three months in prison, a term composed of 24 years and nine months of reclusion and two years and six months of detention. The sentence was imposed with an initial regime of closed custody for the start of the sentence.
Moraes also rejected the defence’s assertion that Bolsonaro’s health had deteriorated. According to the decision, medical reports from Bolsonaro’s own physicians indicate improvement in the symptoms that prompted elective surgery, rather than a worsening clinical picture.
The minister emphasised that all the medical prescriptions and care measures cited by the defence can be fully provided at the Federal Police superintendence. Since the beginning of his sentence, the facility has maintained 24-hour medical coverage, the ruling notes. Moraes said there would be no detriment to the prisoner’s health if he returned to custody.
The court order confirms continued, unfettered access for Bolsonaro’s medical team, the supply of necessary medicines and provision for a physiotherapist where required. Family-prepared meals will also be permitted to be delivered to the custodian.
Legal analysts say the ruling tightens the parameters for humanitarian releases in high-profile cases, signalling that courts will demand clear and demonstrable changes in circumstances before altering custodial regimes. The decision also underlines the weight Brazilian judges place on compliance with judicial measures; repeated non-compliance can be decisive in denying alternative forms of detention.
For Bolsonaro, the order means a return to the Federal Police facility where he has been held since November, following his conviction on charges connected to an attempted coup plot. The defence may pursue further legal avenues, but Moraes’ ruling emphasises the absence of new evidence sufficient to justify house arrest.
The case is likely to remain a focus of public and political attention in Brazil. Observers note that the judiciary’s handling of high-profile political figures will continue to have implications for public confidence in institutions and for the broader political climate as legal and electoral timelines progress.
Key Takeaways:
- STF Minister Alexandre de Moraes denied Jair Bolsonaro’s request for humanitarian house arrest following hospitalisation.
- Bolsonaro is to return to the Federal Police facility after discharge; the court cited lack of new facts and prior breaches of conditions.
- The ruling notes Bolsonaro’s 27-year sentence and affirms that necessary medical care can be provided in custody.
