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Could Bolsonaro be arrested in a coup investigation? See what criminalists think. 

 

 

Criminal lawyer Antonio Ruiz Filho notes that, like any citizen, Bolsonaro could be the target of a judicial arrest warrant, as long as it is possible to specifically demonstrate the existence of the requirements for preventive detention, and if precautionary measures other than imprisonment, as provided for in art. 319 of the Criminal Procedure Code, are considered insufficient. However, in the criminal lawyer's opinion, the gravity of the alleged conduct, in isolation, does not justify early detention.

 

 

 

Alberto Zacharias Toron considers it unlikely that Bolsonaro will be held in preventive custody at this time, given his status as a former president and the evidence presented so far. From what I know of the evidence that has been collected so far, I don't see how we can determine his arrest now. I think it's difficult, but not impossible.

 

 

 

Antônio Carlos de Almeida Castro, known as Kakay , points out that he has not read the report, which is not yet public, but he claims that he has always defended that Bolsonaro should respond to the investigation in freedom. He highlighted the importance of the principle of contemporaneity - which he helped to consolidate in jurisprudence and legislation, through the anti-crime bill. Kakay emphasizes that he has not yet had access to the report, and that, initially, he saw no reason for Bolsonaro's preventive arrest.

 

However, recent revelation about assassination plans change the scenario. A general was arrested, high-ranking people were arrested, exactly for this reason. So, when I read the report, I will be able to know if it is duly proven that Bolsonaro knew and participated, in some way, in this exclusive plan.

 

 

Priscila Pamela also emphasizes that the requirements for pre-trial detention include the contemporaneity of the facts, in addition to evidence of authorship and proof of the materiality of the crime. She argues that, almost two years after the events under investigation, it has not yet been demonstrated that Bolsonaro's freedom represents a risk to public order or to the criminal investigation that would justify his detention before sentencing.

 

The crimes under investigation are extremely serious and, once convicted, with all the rights and guarantees that the law ensures, he can and should be arrested.

 

In the hands of the MPF

 

The possibility of Bolsonaro's arrest, therefore, depends on multiple factors and the progress of the investigations. Although pre-trial detention is a legal tool available, it must be applied with caution and based on solid evidence that justifies such a measure. Now, with the final report delivered to the Supreme Court, it is up to the MPF to decide the next steps, which may or may not include filing a complaint and requesting pre-trial detention for the former president and the other defendants.

 

 link: https://www.migalhas.com.br/quentes/420318/bolsonaro-sera-preso-na-investigacao-de-golpe-criminalistas-opinam