The defense of former president Jair Bolsonaro asked the Minister of the Federal Supreme Court (STF) Alexandre de Moraes to consider the petition requesting humanitarian house arrest for the defendant. Lawyers argue that there was no attempt to escape and that the episode of trying to violate the electronic ankle bracelet only reinforces the compromise of Bolsonaro’s health. 
The statement was sent by lawyers Celso Vilardi, Daniel Tesser and Paulo Bueno to the STF this Sunday (23). Bolsonaro has been in preventive detention since this Saturday (22). In the decision to arrest, the STF minister cited possible risk of escape in the face of Bolsonaro’s attempt to violate the electronic ankle bracelet and the vigil called by his son, senator Flávio Bolsonaro (PL-RJ), near the house where the former president was under house arrest, which could cause a disturbance, making it easier for him to leave the house.
“As stated in the petition filed on November 21st, the Petitioner’s health status is, for several reasons, compromised. The medical documents attached at the time already stated that the former President ‘has comorbidities that require treatment’ and the use of various medications, including “acting on the central nervous system.”, argue the lawyers.
According to the lawyers, based on the medical report of the professionals who accompany Bolsonaro, the mental confusion was caused by the interaction of medicines.
“The Petitioner had already been using the medications Chlorpromazine and Gabapentin for the very intense incoercible hiccups that arose due to the multiple interventions to which the Petitioner was subjected since the episode of the attempted murder in 2018”, says the document.
The medications would be used “with the intention of trying to optimize the treatment of hiccups, but without the knowledge or consent of the medical team that has been following the Petitioner since his last hospitalization in April, a second doctor prescribed the medication called Pregabalin to the Petitioner”, says the document.
The document explains that Pregabalin “presents an important interaction with the medications he regularly uses to treat hiccups (Chlorpromazine and Gabapentin) and its recognized side effects include changes in mental state with the possibility of mental confusion, disorientation, abnormal coordination, sedation, balance disorders, hallucinations and cognitive disorders”.
Given this scenario, the lawyers also argue that although Blsonaro used a soldering iron on the ankle bracelet, the former president did not try to remove it and collaborated in changing the electronic equipment.
“The video and the police officer’s assessment show that there was no attempt to break the bracelet and, therefore, remove the anklet,” they state. “Without any hindrance, the ankle bracelet was replaced.”
Humanitarian house arrest
Sentenced to 27 years and three months in prison in the coup plot, Bolsonaro and the other defendants could have their sentences carried out in the coming weeks.
Last week, the First Panel of the Court rejected the so-called embargoes for declaration by the former president and six other defendants to reverse the convictions and avoid the execution of sentences in a closed regime.
The former president’s defense had requested, on Friday (21), humanitarian house arrest from the STF. The order was rejectedthis Saturday, after Bolsonaro’s preventive arrest.
This Monday (24), the STF will analyze the decision to arrest Bolsonaro. STF minister Flávio Dino called an extraordinary virtual session of the First Panel to endorse the decision.
