The head of Brazil’s Supreme Court, Justice Edson Fachin, refuted accusations of censorship against digital platforms contained in a report by the US House Judiciary Committee released Thursday (Apr. 2).

Written by lawmakers who support President Donald Trump, the report states that Supreme Court Justice Alexandre de Moraes committed acts of censorship against freedom of speech in the US by ordering the suspension of social media accounts belonging to Brazilians living in there who are accused of carrying out online attacks against Brazilian institutions.

Notícias relacionadas:

• Supreme Court justice grants house arrest to Bolsonaro.

In an official statement, Justice Fachin said the report has “distorted characterizations” of the nature and scope of certain court decisions.

He also argued that the Brazilian legal system protects freedom of speech, but that this right is not absolute.

“It is understood that, in certain cases, freedom of speech may exceptionally be subject to specific limitations, particularly when these are necessary to preserve the effectiveness of another fundamental right. Similarly, one cannot invoke the right to freedom of speech to commit crimes defined by law,” he stated.

He also stressed that Justice Moraes’ orders to remove illegal content were issued as part of investigations into digital militias accused of committing crimes against democracy and attempting a coup d’état in Brazil.

“The legal framework established by the 1988 Federal Constitution, as interpreted by the Supreme Court, elevates freedom of speech to the status of a preferential right among fundamental rights. Other rights prevail over it only in exceptional cases, under the law, particularly in situations where freedom of expression is invoked to commit crimes defined by the law,” he added.

Brazil’s former President Jair Bolsonaro was discharged from the hospital on Friday morning (Mar. 27), according to a medical bulletin released by DF Star Hospital, where he had been hospitalized since March 13 to treat pneumonia.

Bolsonaro returned to his home in a gated community in Lago Sul, an upscale neighborhood in Brasília, where he will serve temporary house arrest authorized by Supreme Court Justice Alexandre de Moraes.

Notícias relacionadas:

• Supreme court justice grants house arrest to Bolsonaro.
• Prosecutor-general favors Bolsonaro’s house arrest on health grounds.

The former president had been hospitalized since March 13 after falling ill at the Papuda Prison Complex.

At the time, he was taken by a medical team to hospital with a high fever, low oxygen saturation, sweating, and chills.

House arrest

Under house arrest, Bolsonaro will once again be monitored by an ankle tag. In November last year, before being convicted of the coup plot, the former president had been arrested after attempting to tamper with the device.

Agents from the Federal District Military Police will be responsible for securing the residence to prevent an escape. 

According to the ruling, house arrest has an initial term of 90 days. After this period, the measure will be reviewed by the presiding justice, who may request a new medical evaluation.

Jair Bolsonaro is serving a sentence of 27 years and three months for attempted coup d’état and other related crimes.

Brazil’s Supreme Court Justice Alexandre de Moraes granted former President Jair Bolsonaro house arrest on Tuesday (Mar. 24).

The move grants a request made by his defense team. According to the lawyers, Bolsonaro is unable to return to prison due to the worsening of his health issues.

Notícias relacionadas:

• Brazil Supreme Court orders arrest of “Black Kids” in coup plot.
• Supreme court justice grants house arrest to Bolsonaro.

The decision will take effect after Bolsonaro is discharged from DF Star Hospital in Brasília, where he has been recovering from bacterial pneumonia since March 13.

Under the ruling, the house arrest will initially last for 90 days. After that, the continuation of the measure will be reviewed by the justice, who may request a new medical evaluation.

Moraes also ruled that Bolsonaro will once again be monitored by an electronic ankle monitor. In November last year, before being convicted in the coup plot case, the onetime president was taken to prison after attempting to tamper with the device.

Military officers will be responsible for securing Bolsonaro’s home to prevent his escape.

Bolsonaro was sentenced to 27 years and three months in prison in the criminal case related to the coup plot and was serving his sentence in Brasília’s Papuda Prison Complex.

Visits

Former President Jair Bolsonaro will not be allowed to receive visitors during the initial 90-day period of his house arrest, except for his children, doctors, and lawyers.

Bolsonaro is also banned from using a cell phone and accessing social media, including through third parties, as well as from recording videos for the internet.

Camping

Alexandre de Moraes also banned supporters from setting up camps outside the Solar de Brasília Condominium, where the former president’s residence is located.

Health

In his ruling, Justice Alexandre de Moraes stated that the prison where Bolsonaro was being held is equipped to provide adequate medical care and noted that the former president was promptly taken to the hospital after falling ill.

However, the justice said it is more appropriate for Bolsonaro, who is 71 years old, to recover from pneumonia at home.