Brazilian Justice Alexandre de Moraes Denies Bolsonaro's Post-Surgery House Arrest Request

Moraes Rejects Health-Based Plea

Supreme Court Justice Alexandre de Moraes of Brazil has denied a request from former President Jair Bolsonaro's legal team for him to serve his prison sentence under house arrest. The decision, issued on January 1, 2026, came after Bolsonaro's lawyers cited health concerns following recent surgeries. Justice Moraes ruled that there has been no worsening of Bolsonaro's health condition that would necessitate a change in his detention status, affirming that he can continue to receive necessary medical care at the Federal Police headquarters in Brasília.

Background of Detention and Conviction

The former president is currently serving a 27-year and three-month prison sentence after being convicted by the Supreme Federal Court on September 11, 2025, for plotting a coup to remain in power following his defeat in the 2022 elections. Bolsonaro was initially placed under house arrest on August 4, 2025, by Justice Moraes for violating precautionary measures, specifically for using social media accounts belonging to his sons to disseminate content. This initial house arrest included restrictions such as an electronic ankle monitor, a ban on most visitors, and the seizure of cell phones.

However, on November 22, 2025, Bolsonaro was arrested by the Federal Police and moved to preventive detention at the Federal Police Headquarters. This escalation occurred after allegations that he attempted to remove his electronic ankle monitor and concerns arose about an escape risk, particularly with a planned vigil by his supporters near his residence.

Health Arguments Dismissed

Bolsonaro, 70 years old, had been hospitalized for over a week in late December 2025, undergoing surgery for a groin hernia and a subsequent procedure for persistent hiccups. His legal team argued that his post-operative condition presented a 'real risk of a sudden worsening' of his health, justifying a transfer to house arrest. Justice Moraes, in his ruling, explicitly stated, 'Contrary to what the defense alleges, there has been no worsening of Jair Messias Bolsonaro's health condition.' The court emphasized that all necessary medical prescriptions and care can be administered at the Federal Police Department, where doctors have round-the-clock access to the detainee.

Continued Custody

Following the denial of his house arrest request, Jair Bolsonaro was discharged from the hospital and returned directly to the Federal Police headquarters to continue serving his sentence. He remains in custody for crimes including attempted coup d'état, abolition of the democratic rule of law, and criminal organization. Bolsonaro has consistently denied any wrongdoing, claiming to be a victim of political persecution.