Supreme Court Justice Alexandre de Moraes has denied a humanitarian request from the defence of former president Jair Bolsonaro for house arrest and ordered him to return to the Federal Police superintendence in Brasília once he is discharged from hospital.
Bolsonaro denied house arrest
The decision, published on Thursday, concluded that the defence had not presented evidence capable of overturning earlier rulings that rejected similar requests. Moraes cited a total absence of the legal requirements for house arrest and pointed to repeated breaches of precautionary measures, including actions that the court interpreted as deliberate attempts to evade monitoring, such as the intentional removal or destruction of an electronic anklet.
Bolsonaro has been hospitalised at the DF Star since the day before Christmas after a Federal Police forensic examination recommended surgery for a bilateral inguinal hernia. He subsequently underwent the hernia operation and three additional procedures to manage a persistent bout of hiccups, and he also had an upper digestive endoscopy.
At a press conference on Wednesday, Bolsonaro’s attending doctors, Claudio Birolini and Brasil Caiado, said the treatment had been effective and confirmed a planned discharge for Thursday. Following that briefing, his lawyers renewed a plea for humanitarian house arrest, arguing their client is an elderly patient recently subjected to a medium‑scale general anaesthetic operation, with severe sleep apnoea requiring continuous nocturnal ventilatory support and episodes of incapacitating hiccups that demand ongoing clinical surveillance.
Justice Moraes rejected those arguments, noting there was no worsening of Bolsonaro’s health and that, according to his own medical reports, the patient’s condition had improved following elective surgeries. The justice emphasised that the medical prescriptions cited by the defence can be provided in full at the Federal Police superintendence.
Moraes recalled that since Bolsonaro began serving his sentence, continuous 24‑hour medical duty was ordered, his personal physicians have been granted unrestricted access, necessary medicines and physiotherapy have been permitted, and family-prepared meals have been allowed. On that basis, the court concluded that custody would not prejudice Bolsonaro’s health.
The ruling orders Bolsonaro to return to the Superintendence of the Federal Police in Brasília after the hospital releases him, which was expected on the morning of Thursday following medical evaluation. Bolsonaro is serving a 27‑year and three‑month sentence related to charges stemming from attempts to subvert democratic order.
The case highlights ongoing tensions between judicial oversight and medical considerations in high‑profile custodial situations. Moraes’s decision reiterates the court’s stance that humanitarian measures must meet strict legal thresholds and cannot be granted when custodial authorities can ensure the required care.
Key Takeaways:
- Supreme Court Justice Alexandre de Moraes rejected the defence request and ordered former president Jair Bolsonaro back to Federal Police custody after hospital discharge.
- Bolsonaro denied house arrest was cited due to lack of legal requirements and alleged breaches of previous precautionary measures, including removal of an electronic anklet.
- Medical team at DF Star hospital reported clinical improvement following surgery and confirmed a planned discharge; Moraes said required care can be provided in custody.
- Bolsonaro will return to the Superintendence of the Federal Police, where he serves a 27-year, three-month sentence for attempted coup-related offences.
