"Justice will not allow a defendant to make a fool of it," says Moraes in the decision that led to Bolsonaro's arrest.

247 -  On Monday night (4), Minister Alexandre de Moraes, of the Supreme Federal Court (STF), decreed the house arrest of former President Jair Bolsonaro (PL) for repeated non-compliance with precautionary measures imposed within the scope of the criminal action on the attempted coup d'état after the 2022 elections. The decision was marked by harsh criticism of the former president's conduct and his insistence on defying court orders.

In one of the most emphatic passages, Moraes wrote:
"Justice is blind, but it is not foolish. Justice will not allow a defendant to make a fool of it, thinking that he will go unpunished because he has political and economic power."

The minister stated that Bolsonaro violated the Supreme Court's rulings by participating, even virtually, in demonstrations that called for foreign intervention against the STF and directly attacked the Brazilian Judiciary. Among the evidence cited are videos produced by the former president and disseminated on the social networks of his children and allies, as well as a video call with federal deputy Nikolas Ferreira (PL-MG), during the pro-Bolsonaro event this Sunday (3), on Avenida Paulista.

According to Moraes, there was "clear content encouraging and inciting attacks on the SUPREME FEDERAL COURT and overt support for foreign intervention in the Brazilian Judiciary."

According to the decision, the non-compliance with the measures was so evident that the former president's own son, Senator Flávio Bolsonaro, removed a post from Instagram in an attempt to erase any trace of the infraction.
"The blatant disregard for the precautionary measures was so obvious that, to reiterate, the defendant's own son [...] decided to remove the post [...] in order to conceal the legal transgression."

Moraes highlighted that this is Bolsonaro's second violation, which would justify his arrest:
"A defendant who deliberately violates precautionary measures – for the second time – must suffer the legal consequences."

The minister also stressed that the former president acted with the aim of obstructing investigations and coercing state institutions.
“The defendant reiterated his criminal conduct [...] with the clear intent of obstructing justice, evidencing the continuity of the criminal activity in relation to the crimes of coercion during the course of the proceedings (article 344 of the Penal Code) and obstruction of the investigation of a criminal offense involving a criminal organization (article 2, §1, of Law 12.850/13).”

In the final part of the order, Moraes instructed:
"This must be done urgently."

Measures imposed

The decision stipulates that Jair Bolsonaro will serve house arrest at his residence, under the following conditions:

•  mandatory use of electronic ankle bracelet;
•  No visits allowed, except for immediate family members and lawyers;
•  Collection of all cell phones available on site.