247 - The First Panel of the Supreme Federal Court (STF) unanimously decided to uphold the preventive detention of Jair Bolsonaro (PL), who has been detained since Saturday (22) in a room at the Federal Police Superintendency, in Brasília.

According to g1, the virtual trial was triggered after the conversion of house arrest into preventive detention by the case's rapporteur, Minister Alexandre de Moraes. The decision, made on Saturday, occurred after Bolsonaro attempted to violate the electronic ankle monitor, just hours after his son, Flávio Bolsonaro (PL-RJ), called for a religious vigil in front of the residence where he was complying with the precautionary measures.

Ministers' votes

In his statement, Moraes emphasized that, “during the custody hearing, Bolsonaro again confessed that he ‘disabled the electronic ankle monitor, committing a serious offense, blatantly disregarding the precautionary measure and showing patent disrespect for the Justice system’”. According to the minister, these new facts justify the adoption of preventive detention given the risk to public order and the possibility of flight.

Minister Flávio Dino agreed with this understanding. He highlighted that"recent experience demonstrates that groups mobilized around the convicted individual, frequently acting in an uncontrolled manner, can repeat conduct similar to that which occurred on January 8th," when supporters of the former president vandalized the headquarters of the Three Powers in Brasília. Dino further stated that"the possibility of an attempt to enter the convicted individual's own residence cannot be ruled out," which could generate confrontations and increase the risk of disorder.

Cristiano Zanin and Cármen Lúcia also voted to uphold the detention, both fully agreeing with the rapporteur, without additional votes.

Reasons for pre-trial detention

Bolsonaro was detained on Saturday morning (22) after the Federal Police pointed to new elements that indicated a concrete risk of flight and a threat to public order. The measure occurs on the eve of the start of the 27-year and three-month sentence for the 2023 coup plot, in which Bolsonaro was considered the leader of the criminal organization responsible for the acts.

Moraes' decision took into account two main factors: the attempt to break the electronic ankle monitor, recorded on video, and the call for supporters to hold a vigil in front of the house where the former president was under house arrest.

Ankle monitor tampered with and health claims.

In a video released by the Penitentiary Administration Secretariat of the Federal District, Bolsonaro admits to having used a soldering iron to try to alter the equipment. To the judge at the custody hearing this Sunday (23), he claimed to have experienced a “breakdown” caused by the interaction of medications. According to his account, “he had a certain paranoia” due to the use of pregabalin and sertraline, drugs indicated for anxiety and depression.

The former president also stated that"his sleep is fragmented," that he doesn't sleep well, and that he started taking one of the medications"about four days before the events that led to his arrest." He declared that he fiddled with the ankle monitor around midnight, motivated by curiosity and because he had training in operating such devices, but said that he"came to his senses" and stopped the action, alerting the agents.

The defense presented a medical report and argued that the video shows Bolsonaro speaking slurred and confusedly, reinforcing that there was no intention to flee, but rather a loss of control caused by medication. The lawyers requested that house arrest be maintained for humanitarian reasons, stating that the episode reveals a fragile state of health.