Minister Alexandre de Moraes decreed on Monday (4) the full house arrest of former President Jair Bolsonaro (PL) after identifying an alleged “reiterated non-compliance” of precautionary measures imposed in July.
The decision stems from an investigation for crimes such as coercion in the course of the process, obstruction of criminal investigation and violent abolition of the democratic rule of law, related to attempts to interference with foreign authorities in the Brazilian judiciary-and not the criminal action that the former president is responsible for attempted coup.
The initial measures imposed last month against Bolsonaro included nightly home collection, use of electronic anklet and total ban on using social networks. However, Moraes found that the former president systematically burned these restrictions by producing content in demonstrations and events to be later published in the accounts of children and political supporters, maintaining the same pattern of conduct that motivated investigations.
With the new decision, Bolsonaro is under house arrest 24 hours a day, with a prohibition of using cell phone, receiving visits not authorized by the Supreme Court and maintaining contact with foreign authorities. The search and seizure of all cell phones in possession of the former president were also determined, with the warning that any new breach will result in closed pre-trial detention.
Until the publication of this article, the defense of Jair Bolsonaro had not spoken out about house arrest.
Moraes quoted posts on social networks of Bolsonaro allies and press reports about Sunday’s demonstrations (3) – against him – to support his decision. See below what they were.
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Moraes decrees house arrest of Bolsonaro
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Opposition speaks of “declared dictatorship” after Moraes decree home arrest of Bolsonaro
1. Message in manifestation and deleted post from Flávio
Moraes said Bolsonaro went to protesters gathered in Copacabana, Rio de Janeiro, on Sunday (3) in act for the impeachment of his own minister, through a call to Senator Flávio Bolsonaro (PL-RJ).
In Moraes’s understanding, the former president produced “prefabricated” material to his supporters, citing that Flavio publiced on his Instagram about the call, including a photo of Bolsonaro and the caption: “Bolsonaro’s words in Copacabana. The caption is with you.”
The minister also mentioned that Flávio later removed the post in an attempt to “omit the legal transgression”. The minister considered that later removal does not nullify the “non -compliance” of the precautionary measure that prohibited use of social networks by third parties.
The magistrate also mentioned press reports about Bolsonaro’s remote participation in the act “Fora Moraes” of Rio, in which he greeted those present and said that the demonstration was “for our freedom” and the “future of Brazil”.
In the decision, Moraes stressed the fact that Flávio Bolsonaro excluded the publication of his Instagram profile 2. Posting of Flávio thanking the US
Another post from Flávio on Instagram in the decision is about the senator’s speech at the demonstration in Copacabana, with the English caption: “Thank you, America, for helping us rescue our democracy.” For Moraes, this was a “clear demonstration of support for economic sanctions imposed on the Brazilian population.
3. Carlos asks X users to follow Bolsonaro
The minister also disapproved of a post from another son of the former president, Rio de Janeiro councilor Carlos Bolsonaro. Also on Sunday, he posted a tribute to his father, saying that, even silent, Bolsonaro still continues to inspire millions. In the end, he wrote “Follow @jairbolsonaro”.
4. Eduardo Bolsonaro’s remote participation published on Youtube
Moraes also said that Eduardo Bolsonaro’s statements in a broadcast published on his YouTube channel during the demonstrations were intended to “interfere with the trial” of the criminal action against Bolsonaro.
5. Telephone connection with Nikolas Ferreira
Moraes also cited stories that showed that Bolsonaro made a video call with Deputy Nikolas Ferreira (PL-MG) during the act “Fora Moraes” on Paulista Avenue, demonstrating “disrespect for the decision” of the Supreme Court and publicly endorsing the attacks on court through digital platforms.
For the magistrate, Bolsonaro’s “disguised participation” by preparing “prefabricated material” for dissemination in demonstrations and social networks “clearly demonstrated that he maintained the unlawful conduct of trying to coerce the Supreme Court and obstruct justice, in the act of disrespect for precautionary measures previously imports.”
In the decision, Moraes repeated that “justice is blind, but not foolish.”
