Judge Carlos Alexandre decided that the former prime minister José Sócrates should remain in Evora prison.
Sócrates would not consent to wearing an electronic bracelet on home arrest so the judge decided he could stay put.
João Araújo, Sócrates’ lawyer said he will "appeal all decisions that jeopardise the freedom of my client," even though this decision was brought about by his client's intransigence.
Carlos Santos Silva, Sócrates’ friend who also is deep in the merde, decided to take the electronic option in late May and now lives in the comfort of his own home while waiting for charges to be levelled against him in Operation Marquês.
The prosecution believes even at this late stage of the investigation that Sócrates still may disrupt the investigation and also that he may escape, although this now is less likely.
The former socialist leader has been in Evora prison since last November after his arrest at Lisbon airport.
The investigation concerns corruption, tax fraud and money laundering.