Former President Jair Bolsonaro (PL) was released from hospital on Thursday and returned to the headquarters of the Superintendence of the Federal Police (PF), in Brasilia, where he is serving a prison sentence for attempted coup d’état and four other crimes. The former president’s defense had requested a humanitarian house arrest and that he remain in hospital until the final analysis of the request, but Minister Alexandre de Moraes, of the Supreme Federal Court (STF), rejected these requests. Bolsonaro had been hospitalized since the 24th to treat a hernia and hiccups.
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Moraes stressed that the defense did not bring new facts to the case that could exclude the bases of the previous decision, which had already refused the humanitarian house arrest on December 19. According to the minister, there is no worsening of Bolsonaro’s state of health, but there is an improvement in the discomforts reported, as highlighted, including the reports of his own doctors.
“There is a total absence of legal conditions for granting house arrest,” underlined the Minister of the Supreme Court. Moraes also argued that there was “repeated non-compliance with the various precautionary measures of the prison” and “concrete acts aimed at escape, including the intentional destruction of the electronic ankle bracelet”, thus making it necessary to “maintain respect for the custodial sentence in a closed regime”.
Points of the Minister’s decision
- Recovery framework: According to the Minister of the Supreme Court, Alexandre de Moraes, there is no deterioration in the state of health of former President Jair Bolsonaro, but rather an improvement in the reported discomforts, as also highlighted in the reports presented by the team of doctors themselves.
- Health treatment: The decision highlights that medical prescriptions can be filled at the PF Superintendence. According to Moraes, since the beginning of the sentence, 24-hour medical availability and full access to private doctors, medications, physiotherapy and food provided by the family have been established.
- Maintaining the closed regime: According to Moraes’ order, there is a complete absence of legal conditions for granting house arrest. There were also “repeated non-compliance with the prison’s various precautionary measures” and “concrete acts aimed at escape, including the intentional destruction of the electronic ankle bracelet”, according to the text.
On Monday, Bolsonaro underwent an anesthetic phrenic nerve block procedure on the left side. Last Saturday, he underwent the same treatment on his right side. Phrenic nerve block is an anesthetic procedure used in cases of persistent hiccups, when clinical drug treatment does not provide a satisfactory response. The function of this nerve is to control the movements of the diaphragm, a fundamental muscle for breathing – and it is precisely the involuntary contraction of the diaphragm that causes hiccups.
The defense presented the request on the night of December 31, arguing that the former president had to remain in the hospital to avoid being transferred to the Superintendence of the Federal Police while the request for house arrest was pending review. Lawyers said the clinical picture was still evolving and would require monitoring.
“The clinical picture shows an improvement in the discomfort I felt after performing the elective surgical procedures,” Moraes wrote in refuting the argument presented by the defense.
In the decision, the minister also emphasized that all medical prescriptions indicated by the lawyers can be fully respected at the Superintendence of the Federal Police where Bolsonaro is serving his sentence. According to the order, from the beginning of the sentence, a 24-hour medical hotline was established, in addition to full access to the former president’s private doctors, necessary medications, physiotherapist and food prepared by family members.
The decision was criticized on Thursday by Bolsonaro’s children. Senator Flávio Bolsonaro (PL-RJ), nominated as presidential candidate in 2026, said on a social network that a medical report indicates the need for continued care for the former president and called the minister’s order “full of sarcasm.” Former adviser Carlos Bolsonaro said Moraes’ refusal constituted an “injustice.”
The former president’s defense request cited previous Supreme Court decisions on the subject and asserted that the new request was based on facts that occurred, linked to the evolution of Bolsonaro’s clinical condition. Previous requests for house arrest and humanitarian detention had already been rejected by the Court.
While Bolsonaro was hospitalized, Moraes also rejected a defense request that he be visited by his father-in-law, Vicente de Paulo Reinaldo, in the hospital. The minister argued that internment required “an exceptional detention regime, different from that existing in the penitentiary establishment” and that it was necessary to “guarantee security and discipline”.
According to his medical team, Bolsonaro also requested to take antidepressants while in detention. The information was given by Surgeon General Cláudio Birolini, one of the former president’s health officials.
— The president himself asked to take antidepressants. This is how it was introduced and we hope that this treatment will start to produce effects in a few days, the doctor explained.
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