The Federal Deputy (-SP) is investigated in court due to his performance in the United States, requesting sanctions against Brazilian authorities. It is binding the pressure behavior for an amnesty those involved in the coup attacks judged in the (Federal Supreme Court).
One of the beneficiaries of the measure would be his father, the former president (PL), who is about the 2022 coup plot to prevent the possession of the president ().
The performance of the parliamentarian motivated the request of the PGR (Attorney General’s Office). The institution claims that the behavior of the politician abroad must be investigated for coercion crimes in the course of the process, obstruction of criminal offense investigation involving criminal organization and violent abolition of the Democratic Rule of Law.
The representation points out that the “attempt to submit the functioning of the Federal Supreme Court to the sieve of another state characterizes attack on national sovereignty”, a crime provided for in the Penal Code. The inquiry is underway.
Minister Alexandre de Moraes, who is rapporteur of the process, said in an order on Saturday (19) that Eduardo “intensified the illicit conduct” object of the investigation after Jair Bolsonaro was.
Eduardo’s performance is related to himself to and colleagues of the Court, in addition to the country’s tariff to Brazilian products.
In addition to possible sanctions in court, the parliamentarian’s behavior is likely to generate cassation ,. This is because it goes against the duty of a federal deputy, provided for in the House’s Rules of Procedure, to promote public interest and national sovereignty.
Understand in 4 points the crimes cited in the investigation against Eduardo Bolsonaro for his performance abroad.
1 – Coercion in the course of the process
One of the crimes cited in the representation is coercion in the course of the process, provided for in article 344 of the Penal Code. The crime deals with the use of violence or serious threat against authority or involved in the judicial, police or administrative proceedings in order to favor self or self -interest.
This would be the case of Eduardo, who openly promotes sanctions against authorities linked to criminal action in the Supreme Court that judges Jair Bolsonaro. The specificity of the case, however, may make it difficult to frame, in the opinion of some experts.
This is because the crime of coercion was designed for more traditional performances, such as physically threatening the judge involved in the case, explains Thiago Bottino, professor at FGV Law Rio.
The penalty is a fine and imprisonment of 1 to 4 years, in addition to a penalty corresponding to violence.
2 – obstruction of criminal offense investigation involving criminal organization
The crime is foreseen in the second article of Law 12.850 of 2013. The text talks about promoting, constituting, financing or integrating criminal organization and cites penalties for those who prevent or embarrass the investigation.
The penalty is a fine and imprisonment of 3 to 8 years, without prejudice to other corresponding penalties.
The attempted obstruction would apply to the case, in the interpretation of the PGR, because Eduardo Bolsonaro would be acting abroad to press the authorities to interrupt the criminal action against his father, openly conditioning the interruption of sanitation to scammer attacks.
3 – Violent abolition of the Democratic Rule of Law
Provided for in Article 359-L of the Penal Code, this crime typifies the act of trying, with the use of violence or serious threat, to abolish the Democratic Rule of Law, in order to prevent or restrict the exercise of constitutional powers.
The penalty is for imprisonment of 4 to 8 years, in addition to the penalty corresponding to violence.
For part of the experts heard by SheetEduardo’s performance is not squading in this crime, because there is a need for violence or serious threat.
There are those, however, who claim to be a possibility of framing, such as Marcelo Crespo, Professor and Coordinator of the Law Course at ESPM, and Davi Tangerino, Criminal Lawyer and Professor at UERJ (State University of Rio de Janeiro).
According to Tangerino, it would be possible to consider there to be a “invasion of the democratic state” when Eduardo acts for sanctions that would only stop if President Lula interfered with the legislature and the judiciary in favor of a forgiveness to scammers.
4 – Attack on sovereignty
Provided for in Article 359-I of the Penal Code, the article typifies as a crime the act of negotiating with government, group or foreign agents in order to cause typical acts of war against the country or invade it. The penalty is for imprisonment of 3 to 8 years.
For experts, this is the most complicated crime of framing in the case of Eduardo Bolsonaro, according to the letter of the law, because the article is very specific when talking about “typical acts of war”.
Marcelo Crespo, from ESPM, points out that attack on the sovereignty and violent abolition of the Democratic Rule of Law are new crimes in the legislation, which increases the challenge of justice by analyzing the facts.
