The Federal Supreme Court denied former president Jair Bolsonaro's emergency request to serve house arrest, saying he receives continuous medical care while in custody. The 70-year-old has been treated recently for severe hiccups and a hernia and was briefly released in December for surgery. Bolsonaro is serving a 27-year sentence for attempting to overturn the 2022 election, and earlier petitions for house arrest were also rejected. Investigations into the January 8, 2023, attacks implicated Bolsonaro and dozens of allies in efforts to subvert Brazil's constitutional order.
Brazil’s Supreme Court Denies Jair Bolsonaro’s Request For House Arrest, Citing Ongoing Medical Care
Dr Brasil Caiado speaks after Bolsonaro underwent surgery to treat hiccups on December 29, 2025 [Mateus Bonomi/Reuters]
The Brazilian Federal Supreme Court has once again rejected a request from former president Jair Bolsonaro’s defence team to transfer him from federal custody to house arrest on humanitarian grounds.
Bolsonaro, 70, has required repeated medical attention in recent weeks for persistent severe hiccups and a hernia. His lawyers filed an urgent petition asking that he be allowed to serve detention at home, arguing his health conditions posed an immediate risk to his wellbeing.
On Thursday the court denied the petition just one day after it was submitted. In a written decision, Justice Alexandre de Moraes said Bolsonaro already receives round-the-clock medical care while in police custody and questioned whether his condition justified a humanitarian release.
Justice Alexandre de Moraes: "Contrary to what the defence alleges, there has been no worsening of Jair Messias Bolsonaro's health condition. 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."
Bolsonaro is being held at the federal police headquarters in Brasilia after receiving a 27-year prison sentence for attempting to overturn Brazil's 2022 election results. This denial follows earlier rejections of similar petitions from his legal team.
He was taken into custody in November after damaging an ankle monitor that had previously allowed him to remain at home while pursuing appeals; he had been convicted in September. The court did temporarily authorize a release on December 23 so Bolsonaro could undergo hernia surgery, and he subsequently received other procedures — including a phrenic nerve block and an endoscopy — to treat persistent hiccups reportedly linked to an abdominal stabbing he survived in 2018.
Senator Flavio Bolsonaro holds bobble-head dolls depicting US President Donald Trump and Bolsonaro on December 19, 2025 [Adriano Machado/Reuters]
Political and Legal Context
A former army captain and one-term president (2019–2023), Bolsonaro rose to prominence as a leading figure of Brazil's far right. His presidency attracted scrutiny for his praise of the 1964–1985 military dictatorship and for repeatedly casting doubt on the integrity of Brazil's electronic voting system.
In 2023, the Superior Electoral Court (TSE) barred him from holding public office for eight years for spreading unfounded allegations about the election system. Following the narrow 2022 runoff defeat to Luiz Inacio Lula da Silva, Bolsonaro and his allies mounted legal challenges rejected for lack of evidence; the coalition was fined nearly $4.3 million for bringing the action in bad faith.
Claims that the election was illegitimate helped mobilize supporters and contributed to the January 8, 2023, attacks on Brasilia's Three Powers Plaza, when thousands of Bolsonaro backers stormed and vandalized government buildings. Those events triggered broad investigations. In November 2024 federal police published a report accusing Bolsonaro and 36 allies of attempting to "violently dismantle" Brazil's constitutional order, including allegations of discussions about invalidating results or even assassinating President Lula.
Prosecutors formally charged Bolsonaro and dozens of co-defendants in February with attempting to overthrow the 2022 election. Despite international attention and political pressure, his trial proceeded; in September he was convicted on five counts, including attempted coup d'etat and armed conspiracy, and given a 27-year sentence. Bolsonaro denies wrongdoing and describes the prosecution as political persecution.
Bolsonaro remains influential on the right. His eldest son, Senator Flavio Bolsonaro, recently announced plans to challenge President Lula in the upcoming October presidential election. Separately, Brazil's conservative-led Congress passed a bill last month that could reduce Bolsonaro's sentence, but President Lula has pledged to veto the measure.
