The Controversial Order

Justice Alexandre de Moraes, of the Supreme Federal Court (STF), ordered the Federal Police to conduct a medical examination within 15 days. The goal was to evaluate the defense request of former president Jair Bolsonaro for authorization to undergo surgeries. Moraes argued that the medical reports presented were not recent. Therefore, according to him, official verification was required. This decision once again shows the minister’s absolute control over every aspect of the defendant’s life, including his health.

The Ignored Medical Condition

Bolsonaro’s defense presented an extensive list of comorbidities. These included recurrent lung infections, severe esophagitis, gastritis, gastroesophageal reflux, hypertension, coronary atheromatosis, carotid stenosis, severe sleep apnea, and skin neoplasms. According to the lawyers, prison conditions represent an “immediate risk to life.” However, Moraes dismissed the medical reports and imposed an examination by the Federal Police. Thus, health was turned into another field under his political jurisdiction.

The Absurd Judicial Intervention

It is not the STF’s role to decide whether a patient needs surgery. That responsibility belongs to doctors and specialized medical teams. By requiring the Federal Police to conduct the examination, Moraes reinforces criticism that the Brazilian Judiciary has exceeded constitutional limits. Moreover, he transforms a health issue into an instrument of political power.

The Broader Context

This episode adds to other recent actions of the STF. There was the cassation of Carla Zambelli against the Chamber’s decision. There was also the blocking of a broad amnesty for January 8 defendants. Finally, there is the shielding against impeachment requests. In all cases, the pattern is the same: monocratic decisions that invade the powers of the Legislature and even the medical field. Consequently, the Judiciary consolidates itself as a power without limits.

Critical Conclusion

By turning Bolsonaro’s health into a judicial dispute, Alexandre de Moraes exposes the fragility of individual rights. The STF should rule on constitutional matters, not on surgeries. Nevertheless, the insistence on controlling even the body of a defendant reveals the hypertrophy of the Judiciary. Meanwhile, Congress passively watches another absurdity. Therefore, the crisis does not arise from a lack of instruments, but from the lack of political courage to defend democracy.

CTA: Want to understand how judicial decisions that exceed their authority directly affect democracy and fundamental rights? Explore other articles by Pedro Freitas and keep your critical eye on the STF.

Source:

• República – Moraes orders Federal Police to examine Bolsonaro’s surgery request