The Brazilian Federal Supreme Court has again denied a request from the defence team of former President Jair Bolsonaro to move him from prison to house arrest.
Bolsonaro, 70, has been in and out of hospital over the past week, undergoing multiple treatments for aggressive hiccups and a hernia.
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But on Thursday, his petition for house arrest on “humanitarian grounds” was denied, a day after it was filed.
In explaining the court’s decision, Justice Alexandre de Moraes argued that Bolsonaro already has access to round-the-clock medical care in police custody.
The former right-wing leader is currently being held at the federal police headquarters in the capital, Brasilia, after being sentenced to 27 years in prison for attempting to overturn his 2022 electoral defeat.
De Moraes also questioned whether Bolsonaro’s health merited “humanitarian” accommodations.
“Contrary to what the defence alleges, there has been no worsening of Jair Messias Bolsonaro’s health condition,” the justice said in his decision.
“Rather, his clinical condition showed improvement in the discomfort he was experiencing after undergoing elective surgeries, as indicated in the report from his own doctors.”
Multiple requests
This is not the first time the court has rejected a similar petition from Bolsonaro, who has reportedly suffered from lingering conditions, including hiccups, related to an abdominal stabbing he survived on the campaign trail in 2018.
Bolsonaro was taken into custody in November after damaging an ankle monitor that allowed him to remain at home while pursuing appeals. He had been convicted in September.
But shortly after Bolsonaro was remanded into custody, his defence team filed a request for house arrest, warning of life-threatening conditions behind bars.
“It is certain that keeping the petitioner in a prison environment would pose a concrete and immediate risk to his physical integrity and even his life,” his lawyers wrote.
That request, and a subsequent one in December, have been denied.
On December 23, though, the Supreme Court approved Bolsonaro’s request to leave prison, in order to undergo surgery for a hernia, resulting from damage to his abdominal muscles.
He travelled to Brasilia’s DF Star hospital to receive treatment and has since pursued other procedures, including a phrenic nerve block treatment and an endoscopy, to address his persistent hiccups.
Election controversy
A former army captain, Bolsonaro became a rising star in Brazil’s far right and served as president for a single term, from 2019 to 2023.
During his term, he faced scrutiny for comments he made praising Brazil’s military dictatorship, which ruled the country from 1964 to 1985 and oversaw the systematic torture and killings of political dissidents.
He also allegedly used his office to cast doubt on the integrity of Brazil’s electronic voting system.
In 2023, Brazil’s Superior Electoral Court (TSE) would ultimately bar Bolsonaro from holding public office for eight years, citing instances where he broadcast unfounded allegations about the election system on state TV and social media.
Still, Bolsonaro was considered a frontrunner going into the 2022 presidential race, where he faced two-term former President Luiz Inacio Lula da Silva.
The race advanced to an October 30 run-off. Lula eked out a narrow win, besting the incumbent Bolsonaro by less than two percentage points, with 50.9 percent of the vote.
In the aftermath, Bolsonaro refused to publicly concede defeat, although media reports indicate he may have done so in private.
Meanwhile, he and his allies filed a legal challenge against the election outcome that was quickly rejected for its “total absence of any evidence”. Bolsonaro’s coalition was fined nearly $4.3m for the “bad faith” petition.
But the unfounded belief that Bolsonaro’s defeat was somehow illegitimate prompted his supporters to take to the streets. Some blocked highways. Others attacked the federal police headquarters.
The tensions culminated on January 8, 2023, a week after Lula’s inauguration, when thousands of Bolsonaro supporters stormed Brasilia’s Three Powers Plaza and broke into buildings representing Congress, the presidency and the Supreme Court.
Some supporters expressed hope that they could lead to a military coup that would remove Lula from power.
Legal jeopardy
That attack prompted wide-ranging investigations, and in November 2024, federal police issued a sweeping report accusing Bolsonaro and 36 allies of attempting to “violently dismantle” Brazil’s constitutional order.
The report detailed alleged instances where Bolsonaro and his allies discussed invalidating the election results — or even assassinating Lula.
Last February, prosecutors formally charged Bolsonaro and dozens of codefendants for attempting to overthrow the 2022 election.
His trial unfolded despite high-level international pressure from right-wing figures like United States President Donald Trump, who imposed steep tariffs on Brazil in August to protest against the prosecution.
Still, in September, Bolsonaro was found guilty on five counts, including attempted coup d’etat, armed conspiracy, attempted abolition of the rule of law, destruction of public property and damage to national heritage.
Bolsonaro has denied wrongdoing throughout the case and has called his prosecution an attempt to silence a political rival.
He remains a popular figure on the right, and his eldest son, Senator Flavio Bolsonaro, announced last month his intention to challenge Lula for the presidency this upcoming October.
Last month, Brazil’s conservative-led Congress also passed a bill that could shorten Bolsonaro’s sentence, though Lula has pledged to veto it.
