The Ministers of the First Authority of the Federal Supreme Court (STF) decided to keep former President Jair Bolsonaro (PL) in preventive detention, supporting the decision taken by Minister Alexandre de Moraes.
The arrest – requested and carried out by the Federal Police (PF) on Saturday (22/11) – was analyzed in an extraordinary session that concluded on Monday morning (24/11). The other three ministers in the team voted and followed the entire understanding of the decision.
Bolsonaro is serving preventive detention at the Federal Police Supervision Authority in Brasilia. Even among allies, his legal situation is considered sensitive, as his sentence of 27 years and three months in prison in the coup case may become final in the coming days. He was appointed as the leader of the criminal organization.
Bolsonaro’s defense may file a request to annul the preventive detention, which is now indefinite – although the law requires this type of action to be reviewed every 90 days.
For Guilherme Barcelos, a lawyer specializing in constitutional law who is following the case, Bolsonaro’s defense will likely only seek to transfer him to new house arrest. Lawyers have already called for this procedure to be replaced with a humane one.
“No doubt a final ban on advertising could be opposed. However, the tendency is for the defense to present itself, in the sense of trying to get the revocation of the preventive ban, or its conversion to a new domicile, with or without other precautions, by a separate petition. A petition would be the best method, indeed, I think,” he said.
The lawyer added that despite this, the chance of transformation is remote, as the coup attempt process is in its final stage, with the possibility of a final ruling being issued soon.
He said: “From the moment the conviction becomes final, and the evidence of execution is issued, the criminal execution will actually begin. You will need to serve the sentence. Although the origins are different, there is no way to ignore these factors as well. Domicile is very difficult. But it is possible, especially because of the humanitarian issues, taking into account the health condition of the remand prisoner or the convict. This will be the only viable path. However, it is difficult. Possible, but difficult.”
Bolsonaro has already adhered to precautionary measures since July, when he was the target of a police force operation investigating crimes of coercion during the coup, obstruction of justice and attacks on sovereignty. At that time, he started using an electronic ankle bracelet. A few days later, on August 4, Moraes ordered the former president to be confined to his home due to his non-compliance with precautionary measures.
The preventive detention has been ordered now that the National Front has determined there is a flight risk in light of the vigil called by Senator Flavio Bolsonaro (PL-RJ) in front of his father’s condominium. For the company, it could encourage the crowd to evade in light of the imminent implementation of the coup plot conviction.
Moraes’ decision also cites electronic ankle bracelet violations. A video shows Bolsonaro admitting to a server at the Center for Integrated Electronic Surveillance (Cime) that he used a soldering iron to burn the device attached to his ankle. The ankle cuff should be replaced in the early hours of the morning, hours before the PF procedure.
Bolsonaro is the target of preventive measures as part of the coercion operation, which has been denounced by federal MP Eduardo Bolsonaro (PL-SP) and journalist Paulo Figueiredo. The former president ended up staying away from the prosecution after an understanding from the Public Prosecutor of the Republic, Paulo Junet.
The former head of the executive has been indicted by the National Front in the investigation that is still investigating the possible involvement of Pastor Silas Malavia.
The pretrial detention of the former president results exclusively from the precautions imposed in the coercion process, and therefore has no direct connection to the conviction in the coup case.
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The defense of the defendants convicted in the coup attempt had until Monday evening (11/24) to submit the second declaration requests.
The defendants have two paths to follow: a new advertising ban or a violating ban. According to the recent understanding of the Special Court, serving the sentence does not begin until after the issuance of the second ban ruling.
The court’s case law stipulates that contravening bans only apply when two of the five ministers disagree with the outcome. In the first substantive trial, only Minister Louise Fox agreed, and he moved to the second panel after the case.
Given this scenario, the chance of violating bans being rejected is high. If the defense chooses to file it, the deadline is 15 calendar days.
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When the appeals arrive, the first body may consider it a delay and determine the final ruling of conviction. To date, no decision has been made on the appeals of these defendants that have already been filed.
Only after this stage can the sentence implementation begin. However, the defenses can still request a criminal review, an appeal that was analyzed by the plenary session of the Specialized Technical Committee, which currently includes 10 ministers – and the seat left vacant by Luis Roberto Barroso remains vacant. President Luiz Inacio Lula da Silva (Workers’ Party) nominated Jorge Mesías, whose appointment depends on Senate approval.
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Jair Bolsonaro is trying to overturn his disqualification from running in the 2026 elections
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Jair Bolsonaro
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Former President Jair Bolsonaro during an interview with Metropolis
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Former President Jair Bolsonaro said in an interview with the newspaper that he would remain a candidate until his “real political death is announced.”
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