Unanimously, the ministers of the First Panel of the Federal Supreme Court (STF) decided to make federal deputy Eduardo Bolsonaro (PL-SP) a defendant for the crime of coercion during the process, for his actions in the United States, where he has resided since March this year. This Saturday (15), minister Cármen Lúcia made her vote in the virtual plenary to accept the complaint and, now, criminal action must be opened against Eduardo.
In September, the son of former president Jair Bolsonaro was denounced by the Attorney General’s Office (PGR) in the investigation that investigated the parliamentarian’s actions with the US authorities to put pressure on trial that convicted his father of attempted coup d’état. In recent months, the Donald Trump government applied sanctions such as tariffs against Brazilian exports, suspension of visas of federal government ministers and STF ministers and financial sanctions against minister Alexandre de Moraes.
The investigation against Eduardo Bolsonaro was conducted by Federal Police who indicted the parliamentarian.
With the STF’s decision, the next step will be to open a criminal case. During the investigation of the case, the deputy may indicate witnesses, present evidence of innocence and request specific measures that are interesting for his defense.
In March of this year, Eduardo took a 120-day leave of absence and went to live in the United States with his family, alleging political persecution. Since July 20th, when the leave ended, the deputy has not attended sessions and could be revoked for absences.
Judgment
THE trial in the STF Virtual Plenary started at 11 am this Friday (14) and, at the end of the day, the ministers have already formed a majority to make Eduardo Bolsonaro a defendant. For the case rapporteur, the minister Alexandre de Moraes, there is evidence that the deputy participated in the articulations for the United States government to apply sanctions.
“The serious threat materialized through the articulation and obtaining of sanctions from the government of the United States of America, with the application of export tariffs to Brazil, suspension of visas for entry by several Brazilian authorities in the United States of America and the application of the effects of the Magnitsky Act to this reporting minister”, says the report.
Ministers Flávio Dino and Cristiano Zanin followed the rapporteur’s vote and, today, minister Cármen Lúcia. Although the four ministers of the First Panel have already voted to receive the complaint, the analysis will continue until November 25, when they can still change their vote, request a review or take the case to the plenary.
The group has only four ministers. With the departure of Luiz Fux to the Second Panel of the STF, a seat is vacant and will only be filled after President Luiz Inácio Lula da Silva nominates a minister to succeed Luís Roberto Barroso, who retired.
Defense
Also this Friday, on social media, Eduardo Bolsonaro classified Moraes’ vote as a “witch hunt”.
“Moraes votes to make me a defendant. Other anti-establishment candidates, like Jair Bolsonaro himself, and favorites for the Senate will suffer the same persecution. It’s the system reinventing itself to survive. Everything I know is via the press, as I’ve never been cited. Why doesn’t Moraes use official channels with the USA?”, he wrote.
Eduardo Bolsonaro’s defense was carried out by the Federal Public Defender’s Office (DPU). During the investigation, Moraes ordered the deputy to be notifiedbut he did not appoint a lawyer or present a defense.
At the end of October, the DPU requested the rejection of the complaintarguing that the deputy is not the author of the sanctions and that his demonstrations are a “legitimate exercise of freedom of expression and the parliamentary mandate”.
