One day after the minister’s decision threatening the arrest order, () the defense of () told the (Supreme Court) on Tuesday (22) that the former president did not break the determination of the magistrate who prevented him from giving interviews that were released by social networks.
The demonstration of the defense was made after Bolsonaro speak to journalists on Monday (21), against the obligation to wear an electronic anklet. Videos of the former president’s statement were published in the profiles of supporters and opponents.
At the time, he displayed the anklet to photographers and said the device was a “symbol of maximum humiliation.”
“It is worth clarifying that the embargo did not break up how determined and never intended to do so, so much so that it has been strictly observing the rules of payment imposed by this Court,” Bolsonaro’s defense says in a petition sent to the Supreme.
The defense also stated that the former president “never considered that he was forbidden to give interviews” because of his replication on social networks and that Bolsonaro had not been summoned from Moraes’ new decision when, shortly after 5 pm, he displayed his anklet to reporters and spoke against the precautionary measures imposed by the Supreme.
The former president’s team of lawyers, led by Celso Vilardi, asked Moraes to clarify whether Bolsonaro can give interviews. He also said that Bolsonaro will not make new statements until the limits of Moraes’s new decision are clarified.
The question was generated after Moraes forbid, at risk of arrest, that profiles on social networks publish excerpts of interviews with the former Mandanician. In this scenario, Bolsonaro could speak to the press as long as no part of his statement was replicated in digital media.
Bolsonaro’s defense says that the replication of statements from the former president is “uncontrollable unfolding of contemporary digital communication dynamics.”
“So, of course, an interview can be relayed, conveyed or transcribed on social networks. And such acts do not have the direct or indirect participation of the interviewee, which cannot be punished by third party acts,” says Vilardi’s team in the petition.
Lawyers asked the “decision to be clarified in order to specify the exact terms of the prohibition of use of social media, clarifying, in addition, whether the ban involves the granting of interviews.”
The order that prohibited the dissemination of interviews on social networks
Abraji (Brazilian Association of Investigative Journalism) stated in a note that it was “always favorable to interviews of public interest”, but that, this, “the terms of the judicial decision on the dissemination of interviews or statements of the former president are not very clear.
The controversy emerged last Monday. Shortly after 2 pm, a lawsuit against Bolsonaro prohibiting the former president to grant interviews that would be released on third party social networks.
“The precautionary measure of prohibition of use of social networks, directly or through third parties, imposed on Jair Messias Bolsonaro, obviously includes the transmissions, relay or broadcast of audios, videos or transcripts of interviews in any of the third party social networking platforms,” Moraes wrote.
According to the minister, the use of interviews for the disclosure of his statements on social networks would be a means of circumventing the court decision that prevented him from using the platforms. Moraes has defined that if the rule is disrespected, there will be “immediate revocation and decree of prison” of the former president.
About three hours after the order of Moraes, Bolsonaro met with opposition parliamentarians in the House of Representatives. Faced with reporters and photographers, the former president pulled his pants bar and showed his location on his left leg.
“Cowardice what they are doing with former President of the Republic. Let’s face everything and everyone. What goes for me is the law of God,” said the former president.
Bolsonaro’s speech was replicated by several profiles on social networks. On Monday night, Moraes gave the former president’s defense 24 hours to clarify the possible breach of precautionary measures.
With Bolsonaro’s defense demonstration, it is now up to the Supreme Minister to decide whether the answer was satisfactory or will determine the former president’s arrest. He may still request the evaluation of the (Attorney General’s Office) on the case.
Bolsonaro began to wear anklet last Friday (18), by determination of Moraes. The minister said at the time there was evidence that the former president committed acts of coercion, obstruction of justice and attack on national sovereignty.
