The Minister of the Federal Supreme Court (STF) Alexandre de Moraes today (28) denied an appeal filed by the Attorney General’s Office (AGU) against his individual decision, which determined the face-to-face testimony of President Jair Bolsonaro in the investigation that investigates the alleged disclosure of classified information about the investigation of a hackers to the computer system of the Superior Electoral Court (TSE), which took place in 2018. 
Yesterday (28), Moraes determined that the president should testify this Friday, at 2 pm, at the Federal Police Superintendence (PF) in Brasília. In the order, the minister argued that Jair Bolsonaro can exercise the constitutional right to silence, but cannot previously refuse to participate in procedural acts. In November of last year, at the request of the defense, the minister granted an additional period of 60 days to schedule the hearing.
In the early afternoon, the AGU presented an interlocutory appeal for reconsideration of the minister or judgment by the plenary to ensure that the president, depending on the position he holds, can choose not to appear for the deposition.
When analyzing the arguments, Alexandre de Moraes denied the appeal and understood that the petition cannot be accepted due to the procedural issue of estoppel.
“The Attorney General’s Office – AGU filed petition No. manifestly untimely due to temporal and logical estoppel” decided the minister.
Before Moraes’ first decision, the attorney general argued in the process that the president did not disclose confidential documents and that Bolsonaro “declined from the eighth staff”.
At the time, the AGU stated that the personal testimony would not contribute to the process. In addition, he highlighted that previous decisions of the Court prevent the coercive conduct for deposition and guarantee the “right of absence” of the defense.
