Recent episodes involving pockets, such as the escape of to prevent the application of criminal law and the permanence of (PL-SP) in the US offensive to sanctions to the Brazilian judiciary, increase pressure on ministers of (Supreme Court) to adopt preventive arrests or other precautionary measures against accused, experts heard by Sheet.
But the decree of such orders, according to them, needs to be based on individual, contemporary and concrete facts to reach figures such as (), former president accused of leading a coup plot to prevent the possession of ().
Bolsonaro has his passport with retained and currently denies. But he publicly. In February 2024, he spent two days at the Hungary embassy after the PF retained his passport due to investigations into the attempted coup.
In the coup plot, the PF signals that it would have traveled to the US after losing the 2022 elections to make it difficult to locate and the eventual application of the law.
The federal deputy stated in a statement on May 15 that “if it happens to have the arrest, I will introduce myself to the arrest.”
On the last day 3, he announced that he left Brazil and that he does not intend to return to the country after the conviction of ten years in prison and loss of mandate for commanding an invasion of the CNJ (National Council of Justice) system. He said he understood that, because he has double citizenship, he is “untouchable” in Italy ,.
Zambelli cited as a reference for his performance Eduardo Bolsonaro, who licensed the mandate of federal deputy in search of sanctions in the US especially against and became the target of a coercive crimes, investigation and violent abolition of the Democratic Rule of Law.
Both the situation of Zambelli and Eduardo’s make up context to support a precautionary request against Bolsonaro, presented by the PT leader in the House, Lindbergh Farias, with the PGR (Attorney General of the Republic), ..
In the request, Lindbergh states that the former president “has adopted public and private postures that denote concrete procedural hazard” and that Zambelli and Eduardo are “investigated in analogous procedures and have direct connection with Jair Bolsonaro.” “We need to prevent him from running away like Zambelli,” he says in the document.
For experts heard by SheetZambelli’s current escape abroad and Eduardo’s case lights an alert in the judiciary, added to the cases of – as blogger Allan dos Santos, who lives in the US and is considered a fugitive in Brazil, and Oswaldo Eustáquio, who moved to Spain and has become the target of unsuccessful attempts.
Luisa Ferreira, Professor of Criminal Law at FGV Law SP, speaks of “trend” among pockets to leave the country and claim political persecution. Which, in its interpretation, could cause the Supreme Court to be more rigid in relation to the application of precautionary measures against the investigated.
“I think this movement will lead, in the future, to a stricter scrutiny of the Supreme Court, which is very possible, now applies pre -trial detention and precautionary measures,” he says.
The expert, however, states that a preventive request needs to be made from the concrete circumstance of the investigated. “I can’t apply a preventive in Bolsonaro saying, ‘Zambelli fled,'” he explains.
“In order for this to serve as a foundation, there would be evidence that the former president is also planning something to leave the country,” adds Ricardo Yamin, a doctor of law from PUC-SP.
Yamin, however, agrees that the recent movement between pockets can intensify the scrutiny of justice.
“This is sure to light up a warning. But I advance that he has been lit at the PGR and the supreme for a long time. Since Bolsonaro has visited the Hungary Embassy, since his trip to the United States at the time of the election,” he says.
Juliana Izar Segalla, PhD in Constitutional Law from PUC-SP and professor at the Northern State University of Paraná, agrees that the court is on alert with the cases, but also says that the prosecutor can only request measures such as pre-trial detention ultimately.
“In criminal proceedings, we are looking for a real truth, what really happened to each of these defendants. So, because of some cases, suddenly start to decree everyone’s pre -trial detention.”
