First Panel of the STF forms majority to maintain preventive detention of former president Jair Bolsonaro

The Primeira Turma of the Supremo Tribunal Federal (STF) formed a majority, this Monday (24), to maintain the preventive detention of the former president Jair Bolsonaro. The trial takes place in an extraordinary virtual session and already has votes from Alexandre, Moraes, Flávio Dino and Cristiano Zanin in favor of the rapporteur’s decision.

The conversion from house arrest to preventive arrest was determined by Moraes on Saturday (22), after recording intentional violation of the electronic ankle bracelet used by Bolsonaro. Polícia Federal identified the damage to the equipment and requested the measure, with agreement from Procuradoria-General of República.

The former president remains detained at Superintendência from Polícia Federal to Brasília since Saturday. The custody hearing held on Sunday confirmed the legality of the arrest.

Ministers’ votes in the virtual trial

Alexandre de Moraes, rapporteur of the case, fully maintained his initial decision. Ele highlighted the repeated non-compliance with previous precautionary measures by Bolsonaro.

The minister noted that the former president had already violated prohibitions on the use of social networks in July and August. The violation of the ankle bracelet on Friday (21) constituted a new intentional act.

Flávio Dino accompanied the rapporteur and reinforced the need to guarantee public order. The minister cited recent escapes of defendants from the same case for the Estados Unidos.

Elements that justified preventive detention

Polícia Federal pointed out a concrete risk of escape facilitated by a crowd of supporters. Senator Flávio Bolsonaro called a vigil in front of the condominium where the former president was under house arrest.

Moraes considered that the demonstration could generate turmoil and make monitoring difficult. The use of a soldering iron by Bolsonaro to damage the ankle bracelet reinforced the intention to breach the measure.

The Procuradoria-General of the República expressed support for preventive detention. The body assessed that the facts demonstrate the need to safeguard the application of criminal law.

Defense position in the process

Bolsonaro admitted using a soldering iron during a visit by prison officers. Ele claimed to have acted alone and under the influence of medication.

At the custody hearing, the former president mentioned an episode of hallucination related to medication. The defense asked for reconsideration of the arrest based on his health status.

Lawyers maintain there was no intention to escape. Eles claim that the act resulted from temporary mental confusion.

Current composition of Primeira Turma

The collegiate has worked with four ministers since the retirement of Luiz Fux. Além of Moraes, Dino and Zanin, minister Cármen Lúcia is part of the group.

The virtual trial ends at 8pm this Monday. The trend indicates maintenance of the majority decision.

Primeira Turma exclusively analyzes the legality of prison conversion. The merits of the accusations against Bolsonaro are being processed in other proceedings at the STF.

Anklet Rape Details

The equipment alert was recorded in the early hours of Friday. Agentes of Secretaria of Administração Penitenciária of DF attended the scene.

Bolsonaro confirmed that he had tried to open the device’s lid. Ele reported believing that the device was being tapped.

• The former president used a soldering iron to try to separate components
• Three people were in the residence, but were sleeping at the time.
• There was no record of external assistance in the action
• The damage prevented normal monitoring of the equipment