SAO PAULO (AP) — Brazil's former President Jair Bolsonaro will continue to serve his 27-year sentence for a coup attempt at home instead of in prison due to failing health, a judge ruled Tuesday.
Supreme Court Justice Alexandre de Moraes allowed the 71-year-old to return to his residence in capital Brasilia after he is discharged from the hospital, but he argued in his decision that he will review the case within 90 days.
Bolsonaro will wear an ankle
monitor and is not allowed to use cellphones, the judge ruled. Local police will surveil his house in a gated community, where protesters are not allowed to gather. Bolsonaro is not allowed any visitors except for doctors and family members.
The embattled leader has been hospitalized since March 13 for pneumonia, one of several health problems he has faced since he was stabbed by a man in 2018 before he was elected president.
His house imprisonment could be extended after another medical report. Legal experts say it is rare for Brazilian judges to establish limits for house imprisonment measures, which are also hard to be revoked.
Historically, Brazil’s Supreme Court has only reversed house arrest if a detainee’s health improves dramatically or if there’s violation of the established rules, such as not making public statements, posting on social media or giving interviews to the media.
De Moraes had previously rejected similar requests from Bolsonaro's family.
“After that deadline, we will analyze once again whether the necessary requirements for keeping the humanitarian house arrest stand, including a medical examination if necessary,” the judge said in his ruling.
The same day that Bolsonaro was taken to the private DF Star hospital, U.S. State Department official Darren Beattie had his Brazilian visa revoked as he allegedly considered visiting the former president in prison. Brazil's foreign ministry argued the request on behalf of Beattie was an interference in internal affairs. De Moraes rejected a request from Bolsonaro's family to allow Beattie to visit.
De Moraes, who oversaw the former president's coup case and is deemed by Bolsonaro's supporters as a foe, stressed in his decision that the former president will return either to prison or to a hospital if he does not comply with the rules of his house arrest.
Bolsonaro governed between 2019 and 2022 and remains popular, polls show. One of his sons, Sen. Flávio Bolsonaro, says his father chose him to run for the presidency in October. Polls show he is in a dead heat with incumbent Luiz Inácio Lula da Silva.
Former Army captain Bolsonaro has been treated in intensive care for a few days because of kidney problems and other issues. On Tuesday, the DF Star hospital said he was in a stable condition and did not offer an estimate on when he will be able to return home.
His family questioned the temporary nature of the decision.
“He is going home for his health to improve. And then in 90 days if he improves he goes back to the place where his health was getting worse?," Flávio Bolsonaro told reporters after the ruling. “There's no sense in a temporary house imprisonment. If he improves, he can go back to a battalion.”
Days before he started serving out his sentence, Bolsonaro was temporarily arrested after he used a soldering iron to break his ankle monitor. De Moraes considered him to be a flight risk then.
The family of the far-wing leader had been requesting that the court allow him home since his conviction in November. Bolsonaro was transferred from the local federal police headquarters to a larger cell in January.
Brazil’s Attorney General Paulo Gonet on Monday said he agreed with Bolsonaro being sent home for health reasons, paving the way for him to be put under house imprisonment instead of returning to prison.
Bolsonaro was also convicted on charges that include leading an armed criminal organization and attempting the violent abolition of the democratic rule of law. He has denied any wrongdoing.
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