The continuation of Jair Bolsonaro’s house arrest for more than 100 days, without judicial review and with extreme restrictions — such as a ban on visits, social media, and even phone calls — raises serious doubts about its legality and constitutionality, according to legal experts.
Former President Jair Bolsonaro completed 100 days under house arrest, imposed by Minister Alexandre de Moraes of the Supreme Federal Court (STF), sanctioned under the Magnitsky Law, for human rights violations, on August 4, 2025. The measure, initially justified as precautionary, was motivated by an alleged attempt at institutional coercion, but to date, there is no formal charge against Bolsonaro for this reason.
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The Office of the Attorney General (PGR) rejected the accusation, which ended the original justification for the arrest, which Moraes is maintaining in a pre-election year, while Lula is working with the entire state machinery for reelection in 2026. Bolsonaro is buried alive, forbidden to use his constitutional freedom of expression.
Despite this, Bolsonaro remains under house arrest in Jardim Botânico, Brasília, monitored by an electronic ankle bracelet and subjected to severe restrictions: he is prohibited from using social media, receiving visitors without court authorization, and cannot even make or receive phone calls — which constitutes total censorship, without explicit support in Brazilian criminal law.
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Jurists point to illegality and abuse
Experts in constitutional law have spoken out about the case, pointing out that the lack of judicial review after 90 days, as required by Article 316 of the Code of Criminal Procedure, makes the measure irregular and illegal.
Furthermore, the extent of the restrictions — which affect even family members who are not under investigation, such as his wife and minor daughter — demonstrates abuse of authority, as provided for in Law 13.869/2019. Moraes even ordered that the family’s vehicles be inspected daily upon each departure and arrival and that constant police surveillance take place, which constitutes illegal coercion.
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Censorship and violation of fundamental rights of Bolsonaro and family
The prohibition of phone calls, combined with other restrictions, violates the principle of human dignity and the right to communication, guaranteed by the Federal Constitution. The maintenance of these measures without judicial review and without active legal proceedings puts the Supreme Federal Court (STF) under legal and political scrutiny, especially since it is the very body responsible for ensuring constitutional rights.
Jair Bolsonaro’s house arrest has become the target of criticism due to its prolonged duration, lack of formal charges, and imposition of restrictions that exceed legal limits. Legal experts warn of the risk of institutional abuse and violation of fundamental rights, while allies denounce political persecution and censorship.
