On November 21, 2025, the legal and political fate of Brazil’s former President Jair Bolsonaro took a dramatic turn as his lawyers formally petitioned the country’s Supreme Court to allow him to serve his prison sentence under house arrest, citing grave health concerns. The request comes in the wake of Bolsonaro’s September conviction for attempting a coup following his defeat in the 2022 presidential election—a verdict that sentenced him to 27 years and three months in prison, the harshest penalty ever handed down to a former Brazilian head of state in modern times.
Bolsonaro, now 70, has been under house arrest since August 2025, after the Supreme Court determined he had violated precautionary measures imposed in a separate legal case. While he has yet to begin serving his sentence for the coup attempt, the legal battles and health issues swirling around the former president have kept the nation riveted and political tensions high.
According to The Associated Press, Bolsonaro’s defense team submitted a detailed petition to the Supreme Court, arguing that his fragile health makes incarceration life-threatening. The lawyers pointed to a string of medical problems, most notably recurring intestinal complications stemming from a stabbing at a campaign event in 2018. Since that attack, Bolsonaro has endured multiple hospitalizations and, as recently as April 2025, underwent surgery for a bowel obstruction.
“If the petitioner is sent to prison, his health will be at risk and he will not receive the medical care he needs,” his attorneys stated in the petition, which was reviewed by The Associated Press. They emphasized that Bolsonaro’s medical reports show a need for strict monitoring of his blood pressure and heart rate, regular medical tests, specific medications, and frequent visits from a team of specialists—including a cardiologist, pulmonologist, and gastroenterologist.
Reuters reported that Bolsonaro’s legal team addressed their request specifically to Supreme Court Justice Alexandre de Moraes, highlighting the immediacy of the health threat. The document submitted to the court was blunt: “It is certain that keeping the petitioner in a prison environment would pose a concrete and immediate risk to his physical integrity and even his life.” They further argued for house arrest on humanitarian grounds, noting that “a serious or sudden illness is not a question of ‘if,’ but of ‘when.’”
Bolsonaro’s health concerns have become increasingly visible to the public. On November 21, his son Carlos took to social media, writing, “I’ve never seen him like this,” and describing his father as suffering from severe hiccups and constant vomiting. That same day, Bolsonaro made a brief appearance in the doorway of his home in Brasilia, where he received a visit from federal lawmaker Nikolas Ferreira, according to Reuters.
The legal team’s petition also referenced a recent inspection by the Public Defender’s Office, which found that conditions at the detention center in Brasilia—where Bolsonaro might be required to serve his sentence—were “precarious.” This, they argued, heightened the risk to Bolsonaro’s health should he be incarcerated there. The lawyers drew a direct comparison to the case of another former Brazilian president, Fernando Collor de Mello. Earlier in 2025, Collor de Mello, aged 76, was permitted to serve his nearly nine-year sentence for corruption and money laundering under house arrest due to his age and health issues, including Parkinson’s disease.
Despite these arguments, the legal road ahead for Bolsonaro remains uncertain and fraught with political implications. Earlier this month, the Supreme Court unanimously rejected an appeal from his legal team. While another appeal is expected to be filed, court sources told Reuters that Bolsonaro’s arrest appeared imminent should all appeals fail. His lawyers maintained that, if the top court rejects their final appeal, Bolsonaro should begin serving his sentence under house arrest immediately, citing both humanitarian precedent and his deteriorating health.
Bolsonaro’s legal troubles extend beyond the coup attempt conviction. He has been under house arrest since August 2025 for allegedly courting U.S. interference to halt criminal proceedings against him, a separate case that has further complicated his standing with the courts. According to Reuters, the five-judge panel that convicted Bolsonaro found him guilty of five crimes, including participating in an armed criminal organization, attempting to violently abolish democracy, and organizing a coup to remain in power after losing the 2022 election to President Luiz Inacio Lula da Silva.
The severity of the charges and the length of the sentence have fueled fierce debate across Brazil’s political spectrum. Supporters of Bolsonaro, a right-wing populist who governed the country from 2019 to 2022, claim the legal proceedings are politically motivated and that his health issues warrant compassion. Critics, meanwhile, argue that the rule of law must be upheld regardless of the individual’s status or frailty, emphasizing the gravity of the crimes for which he was convicted.
The comparison to former President Collor de Mello’s case has become a focal point for Bolsonaro’s defenders. They argue that the Supreme Court’s decision to grant Collor de Mello house arrest due to health concerns sets a clear precedent that should be applied equally. However, others counter that Collor de Mello’s crimes, while serious, did not involve a direct attack on the democratic order, as was found in Bolsonaro’s case. This distinction, they contend, should weigh heavily in the court’s deliberations.
Public reaction has been predictably polarized. Bolsonaro’s base, which remains sizable and vocal, has rallied around the former president, echoing his lawyers’ claims of humanitarian necessity and pointing to his visible health decline as proof that prison would be tantamount to a death sentence. On the other side, many Brazilians see the legal process as a vital test of the country’s commitment to democratic norms and accountability, arguing that no one—regardless of position or circumstance—should be above the law.
As the Supreme Court prepares to consider the latest petition and any forthcoming appeals, the case is shaping up to be a defining moment for Brazil’s judiciary and its political future. The court’s decision will not only determine the immediate fate of Jair Bolsonaro but could also set a precedent for how Brazil handles the incarceration of former leaders convicted of grave crimes. The world is watching, and so is a nation still deeply divided over the legacy of its controversial former president.
For now, Jair Bolsonaro remains at home in Brasilia, his legal team working feverishly, his health reportedly fragile, and the shadow of a lengthy prison sentence looming ever larger. Whether he will serve that sentence behind bars or within the confines of his own residence is a question only the Supreme Court can answer—and one that will resonate far beyond the walls of any courtroom.