Brazil's Top Court Grants Bolsonaro Permission for Medical Exits from Home
In the ongoing legal battle against former President Jair Bolsonaro, a new accusation of obstruction of justice has surfaced just days before the sentencing phase of his trial related to an alleged coup plot. The new charge was revealed by federal police, catching Bolsonaro's lawyers off guard. They have vehemently denied any wrongdoing and have promised to clarify their client's recent actions in complying with his house arrest order to Justice Alexandre de Moraes [1][2].
The former President remains under house arrest, and the judge overseeing the case has demanded explanations from Bolsonaro's legal team regarding alleged noncompliance with precautionary measures of this custody condition. However, the lawyers maintain there was no breach of these imposed measures [1].
The investigation also showed that Bolsonaro considered but ultimately did not pursue political asylum in Argentina last year. His legal counsel stated he had the freedom to flee but never seriously considered it [1].
As for the trial's progression, the sentencing phase is imminent, indicating that the judges' deliberations are either imminent or underway. The start of judges' deliberations in Bolsonaro's trial is scheduled for September [1].
The defense argues that Bolsonaro cannot be punished for greeting followers through the profiles of others. They claim that Bolsonaro's message "Good afternoon, my Brazil. A hug to all. It's for our freedom. We are together" was read during the demonstrations held last Sunday [1].
Bolsonaro is accused of attempting to coup and violently abolish the Democratic State of Right. He is facing five charges, potentially resulting in a prison sentence of up to 40 years [1]. The accusations stem from plans set up with military chiefs and former ministers to prevent the inauguration of Luiz Inácio Lula da Silva following his October 2022 election victory.
Bolsonaro's lawyers have until Wednesday to present their final arguments in the trial. They have also requested the petition to be analyzed by a panel of the STF, composed of five judges [1].
In a bid to revoke his house arrest, Bolsonaro's defense has presented a petition. They contend that Bolsonaro did not commit any crime nor violate any precautionary measures. The defense has also argued that Bolsonaro did not violate the restrictions imposed on him [1].
The Brazilian Supreme Court authorized former President Jair Bolsonaro to leave his home for medical examinations on August 16. The medical examinations will have a maximum duration of eight hours [1].
Bolsonaro is allowed to receive visits from some family members at his home without court authorization, and from political allies with prior authorization [1].
It's important to note that the defense has not stated any new fact regarding the duration of Bolsonaro's trial, the charges against him, or the possible prison sentence. They have also argued that Bolsonaro does not have control over third parties who may echo the content resulting from his direct or indirect participation [1].
The lawyers have argued that Bolsonaro was not prohibited from giving interviews or expressing opinions [1]. Judge Alexandre de Moraes had already admitted that Bolsonaro can express opinions, according to the defense [1]. Bolsonaro served as President from 2019 to 2022.
The latest accusation of obstruction of justice against former President Jair Bolsonaro has brought war-and-conflicts and politics to the forefront, as the newly surfaced charge is related to an alleged coup plot. The progression of the trial, including the sentencing phase scheduled for September, is being closely watched in the realm of policy-and-legislation and general-news. Amid these developments, Bolsonaro's legal team is appealing to crime-and-justice system, requesting a panel of the STF to analyze a petition to revoke his house arrest, arguing that he did not commit any crime nor violate precautionary measures.
