Queiroz: ankle monitors could turn into a Trojan horse.

Similarly, after the end of the recess, the Habeas Corpus filed by the new lawyer of the former fixer for the Bolsonaros, Emílio Catta Pretta, will reach the hands of STJ Minister Félix Fischer. He is the rapporteur for the cases involving the investigations into the alleged embezzlement scheme that occurred in the office of then-state deputy Flávio Bolsonaro, in the Legislative Assembly of Rio. Fischer may review Noronha's decision or take it to the 5th Panel of that court for consideration.

The debate will revolve around the arguments that Noronha, apparently without considering other information, relied on to grant the couple house arrest. For example, the fact that Queiroz has colon cancer and is at risk of contracting Covid-19.

Similarly, there is a presumption that Marcia's presence "by his side is advisable to provide him with the necessary care, given that, while under house arrest, he will be deprived of contact with any other people (except for healthcare professionals who provide him with assistance and his lawyers)."

Such arguments sound weak to anyone who has seen the videos and photos of Queiroz during his stay at Wassef's house in Atibaia, drinking beer, preparing barbecue, and even celebrating New Year's Eve 2020 alongside Marcia, in the presence of others.

Or when he moved between Guarujá, São Paulo, Atibaia, Rio de Janeiro, and other cities during the time he was missing. Does he really need special care?

These arguments are so weak and contradictory, especially since Noronha had previously opposed releasing other prisoners due to the threat of the pandemic, that they end up fueling suspicions of ulterior motives behind the injunction. Such as pleasing the Bolsonaros and pursuing dreams of reaching the Supreme Federal Court.

All of this allows us to foresee a possible review of the decision within the STJ itself because, as Rafael Moraes Moura narrates in Estadão – Noronha's decision in favor of Queiroz's fugitive woman is "very rare," say STJ ministers – at least six ministers criticize the decision and admit this review.

This trend is compounded by the Supreme Court's review of the special jurisdiction granted to the case by two judges from the 3rd Criminal Chamber of the Rio de Janeiro Court of Justice (TJ-RJ). After all, the Supreme Court has already established the impropriety of privileged jurisdiction for cases like that of the senator. Therefore, the case will return to the first instance court.

It is true that the Rio de Janeiro Public Prosecutor's Office's indictment in this "rachadinha" investigation is independent of Marcia's appearance, her testimony, or even the court where the action will take place. However, apparently, the prosecutors in Rio de Janeiro are preferring to wait for the definition of this court before filing the indictment. In doing so, they will likely include all three – Flávio, Queiroz, and Marcia – as well as others involved in the scandal that diverted public money in favor of the then-state deputy, among the defendants facing criminal charges.

With the case returning to the first instance court, that is, the 27th Criminal Court of Rio de Janeiro, it will then be up to Judge Flávio Itabaiana, the same judge who ordered the preventive detentions of the couple, to review the indictment. In doing so, he may find new justifications to order the couple's imprisonment again. This is if the Superior Court of Justice (STJ) has not yet reviewed Noronha's decision.

Remember that one of the main reasons for ordering the preventive detentions was the fact that the couple was influencing witnesses and others involved in the investigations into the "rachadinhas" (embezzlement scheme). Even though the decision of the president of the Superior Court of Justice (STJ) prevents them from accessing telephones, cell phones, and the internet during house arrest, there is no impediment to their contact with their daughters. Hypothetically, therefore, messages can continue to be sent.

The greatest danger for Queiroz is precisely seeing his family members imprisoned. In the event of a new arrest warrant, since he and Marcia will be at home and wearing ankle monitors, the chances of escape decrease. He will have to live with the fact that his wife is in prison. Thus, what appears to be a benefit today may prove to be a poisoned chalice tomorrow.