It points to evidence that () and (PL-SP) try to infer in the trial of the coup plot aggravate the legal situation of the former president, but does not bring elements that may base a pre-trial detention against him, experts heard by Sheet.
The PF puts the two as suspected of the commission of coercion crimes in the course of the process and violent abolition of the Democratic Rule of Law by articulating sanctions against Brazil and disseminating false narratives on social networks. The penal framework generates disagreements between teachers of law consulted by the report.
The minister of the (Federal Supreme Court) determined that the defense of the former president to provide, on possible non-compliance with measures imposed by the Court, reiteration of unlawful conduct and risk of escape.
According to the PF, Bolsonaro spread messages after the ban on social networks determined by the minister, kept in touch with the lawyer of the American social network that filed a lawsuit against Moraes, and kept his mobile phone for Argentine president Javier Milei.
Marina Coelho, vice president of IASP (São Paulo Lawyers Institute), says the report aggravates the former president’s situation because she can support a new process about the crimes pointed out in the document. She says she does not see, however, space for pre -trial detention due to Bolsonaro’s current situation.
“He is under house arrest. I understand that the situation is controlled. There is no risk here, neither criminal instruction, nor public order or execution,” he says.
Bolsonaro has been fulfilled house arrest since early August. In the decision that determined the imprisonment, Moraes stated that the former president, forbidden to use social networks, directly or through third parties, failed to comply with the restriction by following distance out manifestations, appearing on video and having a message released.
Coelho questions the dissemination of messages from the former president, who, in his assessment, should remain under judicial confidentiality. She says that, in her assessment, there is no basis for framing Bolsonaro or Eduardo in the crimes of coercion and abolition of the rule of law.
The lawyer says that OAS were applied by the US President, not directly by the former president and his son. Also, for her, their lines do not constitute a serious threat to the court. “It is a legitimate kick of a processed person.”
FGV Law teacher Luisa Ferreira considers that threats to the individual of ministers, as attempts to sanctions by magnitsky law, may constitute the crimes of coercion or abolition of the rule of law. On the other hand, it evaluates that acts such as or public criticism should not be criminally framed, even if they can be considered problematic.
For her, most Dialogues revealed by the PF has no indications of crimes and would be protected by freedom of expression, but a portion brings elements that can configure crimes, especially with regard to magnitsky law and conversations with Rumble’s lawyer.
Ferreira estimates that the report pressures the investigated, aiming to interrupt the conduct, without necessarily changing the outcome of the processes. She points out that the facts cannot be officially used in the trial scheduled for September, because the instruction period, when the defense may contradict evidence presented, has already been closed.
Regarding the possibility of pre -trial detention, the FGV teacher also says he does not see contemporary elements that justify her. “I see nothing in the report that he can continue to do in.”
“It’s already without the phone. You can’t run away, because you are with your anklet, watched. In a second, if you leave, someone picks up,” she says.
Professor Antonio José Teixeira Martins, UFRJ (Federal University of Rio de Janeiro) and UERJ (Rio de Janeiro State University), in turn, evaluates that the indictments of Bolsonaro and Eduardo Bolsonaro for coercion and abolition of the rule of law have legal foundation.
According to him, this appears because there is a “serious threat of sanction in relation to the judge or other judges of the Federal Supreme Court, and in relation to Brazil in general, with economic measures in the expectation of government political intervention about the Supreme’s action.”
Martins states that the report worsens the situation of the former president to have the possibility of another case against him in which he can be convicted, but believes that, as the document points out facts prior to house arrest, the current picture seems sufficient to curb new actions.
