I did another analysis, this one is 100% political, there is no legal analysis here, […] a much more political analysis, a reflection, hypothesis, assumption of the following: preventive detention is exceptional, it is very important that we make it clear. I have always been a critic, I continue to be critical of the trivialization of the use of preventive arrests and I understand that the law, despite being disrespected by courts and judges in the first instance, making it more flexible, applying and decreeing preventive arrests left and right, is an absolutely exceptional. Augusto de Arruda Botelho, criminal lawyer
Botelho remembers that all preventive detention has a deadline, even if it is not fixed by law.
Because it is exceptional, it has a deadline. There is no deadline set by law, but there is a reasonable deadline. I say again, you have preventive detentions that unfortunately last for months, maybe even years, but that’s wrong. Augusto de Arruda Botelho, criminal lawyer
Minister Alexandre de Moraes and the Federal Supreme Court have been very cautious with all these cases of repercussion, that this preventive detention of Bolsonaro, if decreed, could not last many months. The concrete fact is that we are in April. If Bolsonaro is placed in preventive detention now, I think it is unlikely that this detention will last six, eight, ten months, a year. Augusto de Arruda Botelho, criminal lawyer
The criminal lawyer shares his hypothesis that Bolsonaro is trying to provoke his preventive arrest to give him time to be released before this year’s municipal elections, thus being able to help his allies politically.
In a few months she [a prisão preventiva] could be replaced again by a precautionary measure alternative to preventive detention. Let’s imagine the following hypothesis: he is arrested in April, spends three or four months in prison, Minister Alexandre de Moraes, at the request of his lawyers and understanding that the preventive requirements are no longer present, then decrees a precautionary measure that makes former president Bolsonaro out of prison. Augusto de Arruda Botelho, criminal lawyer
