Minister Flavio Dino, of the Federal Supreme Court (STF), voted on Monday to maintain the preventive detention of former President Jair Bolsonaro, accompanying rapporteur Alexandre de Moraes in the trial of the court’s first body. The university is analyzing the decision Moraes made on Saturday, which converted house arrest into preventive detention after an electronic ankle bracelet violation. Ministers Carmen Lucía and Cristiano Zanin still have to vote.
In his vote, Dino stated that all legal requirements for preventive detention are in place and highlighted the concrete risks to public order if Bolsonaro remains at home. One of the central points mentioned by the minister was the call for a vigil for Flavio Bolsonaro (PL-RJ), the son of the former president, near the residential complex where he was under house arrest.
The minister warned of the possibility of direct confrontations with federal police agents responsible for Bolsonaro’s detention.
“Recent experience shows that groups gathered around the convict, who often behave in an uncontrollable manner, may repeat behavior similar to what happened on January 8. Therefore, there is a tangible risk that these individuals may attempt to enter the residential complex, violate private property, or go to nearby public buildings, with the possibility of repeating illicit acts that have already occurred on other occasions, including the use of bombs, weapons, etc.,” he noted.
Dino stressed that if the goals of the vigil had been “only religious, the analysis might have been different, but unfortunately the reality showed a different configuration, with ‘war’ rhetoric, hatred and scenes of physical confrontations.”
The minister also pointed to recent escapes of Bolsonaro’s allies convicted in the same criminal context, such as federal deputies who left the country after court decisions. For him, this history shows an environment in violation of public order “in which the criminal organization headed by the convicted person operates,” which enhances the danger to the application of criminal law. In the most recent case, MP Alexander Ramajim, who was convicted in the same operation as the coup plot, fled the country and is in the United States.
The minister also cited public statements by Bolsonaro in which he said that he “will never be subject to arrest,” and considered that the attempt to destroy the ankle bracelet, recorded on video and admitted by the former president, highlights the danger of evasion and deliberate non-compliance with precautionary measures.
In his vote, Dino also emphasized that Bolsonaro tried to “thwart” the electronic surveillance system, which is used by more than 120,000 people in the country.
The trial is being held in a virtual plenary session, with ministers inserting their votes into the court’s system, and will continue until 8pm on Monday. When he ordered Bolsonaro’s arrest on Saturday morning, Moraes had already asked for the decision to be analyzed by other ministers. First team boss, Flavio Dino, responded to the request and scheduled the session.