De Moraes okays Bolsonaro’s surgery, but not at home recuperation time
Bolsonaro’s past actions render him a flight risk, De Moraes found
Brazilian Supreme Court (STF) Justice Alexandre De Moraes on Friday authorized former President Jair Bolsonaro to temporarily leave prison to undergo surgery. However, the magistrate flatly denied a request for the former president to serve the remainder of his sentence under humanitarian house arrest, citing a history of non-compliance and a high flight risk.
Bolsonaro is currently serving a sentence of 27 years and three months at the Federal Police Headquarters in Brasília following his conviction for his role in the January 2023 attempted coup.
The decision follows a medical evaluation conducted by Federal Police (PF) experts, which confirmed that Bolsonaro is suffering from a bilateral inguinal hernia, as well as recurrent hiccups attributed to a phrenic nerve issue and insomnia.
Bolsonaro’s defense had requested an immediate release for emergency surgery and a subsequent transfer to house arrest for recovery. De Moraes sided with PF experts who classified the surgery as elective, not an emergency. While he acknowledged that surgery was the recommended course of action, he ruled that the defense must provide a specific schedule for the procedure before he signs off on the temporary release.
The STF denied the humanitarian request for house arrest based on two primary factors: logistical proximity and the defendant’s prior conduct.
De Moraes argued that the Federal Police Headquarters was actually closer to the private hospital (DF Star) than Bolsonaro’s own residence. There is no risk of harm in the event of a possible need for emergency transport, the justice noted.
Additionally, the ruling highlighted a recent report indicating that Bolsonaro attempted to tamper with his electronic ankle monitor by soldering the device to facilitate its removal. The expert report indicates that Jair Messias Bolsonaro attempted to tamper with the ankle monitor… evidencing the violation of the device… in order to facilitate his escape, De Moraes stated.
The judge also cited Bolsonaro’s past unjustified stay at the Hungarian Embassy and alleged plans by his political circle to facilitate a potential escape to the United States.
The former president’s legal team must now submit a proposed date and time for the bilateral inguinal hernia operation. Once the schedule is submitted, Attorney General Paulo Gonet will have 24 hours to review the plan before final approval. Upon completion of the surgery and the immediate recovery period, Bolsonaro is mandated to return to the Federal Police facility.