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Brazil’s Bolsonaro Moved From House Arrest to Police Custody

Brazil’s former president Jair Bolsonaro was taken from house arrest into police custody on Saturday to prevent him from escaping as he appeals a conviction for a failed coup attempt, the Supreme Court said.

The far-right firebrand was sentenced to 27 years in prison over a plot to stop leftist Luiz Inacio Lula da Silva from taking office after 2022 elections. Supreme Court judge Alexandre de Moraes, who is leading the trial against Bolsonaro, said his arrest was a preventative measure as he is a “high flight risk”, and not the execution of his sentence. 

Bolsonaro, who governed Brazil from 2019 to 2022, was placed under house arrest in August and has been confined to an upscale condominium in the capital Brasilia and monitored electronically.

In his ruling, Moraes said that a planned vigil outside the condominium called by the former leader’s son Flavio Bolsonaro on Saturday could cause turmoil that would “create an environment conducive to his escape.” 

The judge said there had been an “attempt to break” Bolsonaro’s ankle bracelet just after midnight on Saturday, confirming his plan to “ensure the success of his escape, facilitated by the confusion caused by the demonstration called by his son.”

Moraes also highlighted the proximity of Bolsonaro’s home to the US embassy, adding the far-right leader had previously planned to flee to the Argentine embassy to request political asylum. Bolsonaro is an ally of US President Donald Trump, who said his trial was a “witch hunt” and imposed punitive tariffs and sanctions against Brazil in retaliation.

Time running out

Bolsonaro has been taken to a federal police complex in Brasilia, where prisoners undergo medical examinations before being sent to jail, according to a source close to the case. Bolsonaro was convicted in September of leading a criminal organization that conspired to ensure his “authoritarian hold on power.”

The plot involved a plan to assassinate Lula, his vice president Geraldo Alckmin, and the Supreme Court judge de Moraes. His detention comes as time is running out for him to be ordered to serve his 27-year jail term. An appeal of his sentence was rejected last week.

On Friday, Bolsonaro’s lawyers have said they would file further appeals before a Monday deadline. However, they sought to get ahead of plans to put Bolsonaro in jail by requesting he be allowed to serve his sentence under house arrest.

Sending Bolsonaro to prison “will have serious consequences and represents a risk to his life,” his lawyers said in a petition to the Supreme Court. They added Bolsonaro’s “health condition is already deeply debilitated.”

Bolsonaro, 70, suffers ongoing consequences of a stab wound to the abdomen received during a knife attack on the campaign trail in 2018 and has required several follow up surgeries. His lawyers said that since he was placed under house arrest, Bolsonaro “has already been hospitalized three times — twice for tests and once due to a medical emergency.”

They listed a variety of medical woes, from gastritis to his need to sleep with a CPAP machine due to severe apnea. He also suffered from persistent “uncontrollable hiccups” which require daily medication and have caused shortness of breath and fainting, according to the petition.

His lawyers highlighted the fact that in May, another former president, Fernando Collor de Mello, was allowed to serve his nearly nine-year sentence for corruption at home, on health grounds.

A way out

As prison looms, Bolsonaro’s family has raised the alarm over his health on social media, and his son Flavio urged supporters to “fight for your country” in a video calling for the vigil. His wife Michelle wrote on Instagram: “I trust in God’s justice. Human justice, as we have seen, no longer holds. But I know that the Lord will provide the way out.”

The court scheduled a “custody hearing” via videoconference for Sunday and Moraes ordered that a doctor accompany Bolsonaro at all times.

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