RIO DE JANEIRO, BRAZIL – Roberto Jefferson’s defense counsel on Saturday, August 14, said it will request the PTB national president’s pretrial detention to be converted into house arrest.
“Justice Alexandre de Moraes’ ruling lacks solid grounds and fails to show any risk to public order and to the criminal investigation,” said attorney Luiz Gustavo Pereira da Cunha. The defense attorneys also claim that Jefferson’s health is fragile, which could prevent him from remaining in prison.
“Roberto Jefferson has been battling for his health. Four cancers. He takes more than 20 medications a day to survive. Roberto Jefferson is undergoing treatments, with liver and kidney infections. Last week he was assisted by SAMU, he was hospitalized for 3 days last week. He was being treated with antibiotics at home, resting,” Pereira da Cunha said.
Jefferson was arrested on Friday, August 13, following an order issued by Moraes. The measure was requested by the Federal Police on August 4 as part of the investigation into an digital criminal organization allegedly aimed at attacking institutions in order to undermine democracy.
Pereira da Cunha said that the Justice should excuse himself from acting in cases involving Jefferson. due to the lawsuits brought by the ex-deputy against the magistrate. The attorney directly addressed the Justice. “Justice Moraes, you will be impeached,” said Jefferson’s defense attorney.
When asked about President Bolsonaro’s announcement of his intention to submit a motion to open an impeachment case against STF Justices Alexandre de Moraes and Luís Roberto Barroso in the Senate, the attorney said he was moved by the support he received.
“I was not surprised by the support from the right-wing and Brazilian conservatives. It is touching. We see demonstrations of support from all sides. Even the PCO (Workers’ Cause Party) and left-wing jurists have spoken out against his imprisonment,” Pereira da Cunha said.
Attorneys diverge on Jefferson’s arrest. Some disagree with the Office of the Prosecutor General’s (PGR) arguments for freedom of expression, but also criticize Alexandre de Moraes’ decision for the lack of a broader legal basis.
Pereira da Cunha said that the Justice’s decision violates freedom of expression.
“I, Luiz Gustavo, find it foolish to raise a banner in support of AI-5. But he has the right to say such nonsense. You may not like Roberto Jefferson, and what he writes. But he can’t be arrested for his opinions,” the attorney said.
According to the Supreme Court Justice, the politician posted videos and messages with the “clear goal of disrupting, hindering, frustrating or preventing the electoral process, with institutional attacks on the Superior Electoral Court and its president.”
Moraes signed the warrant against the PTB president without having received a brief from the PGR, which failed to meet the 24-hour deadline to submit its position to the court.