First Panel of the Federal Supreme Court unanimously agreed to make deputy Eduardo Bolsonaro (PL-SP) a defendant for coercion in the course of the process that resulted in the conviction of his father, former president Jair Bolsonaro
The First Class of unanimously agreed to make the deputy (PL-SP) defendant for coercion during the process that resulted in the conviction of his father, the former president, for the attempted coup d’état. The case rapporteur, minister was accompanied by ministers , e . The Attorney General’s Office (PGR) accuses Eduardo Bolsonaro of working in the United States to pressure the Federal Supreme Court (STF) through the articulation of sanctions by the Donald Trump government, such as the increase in tariffs, suspension of visas and application of the Magnitsky Law, which aims to punish authorities responsible for human rights violations.
For Moraes, there is “sufficient and reasonable evidence of authorship” and a “serious threat” directed at STF ministers, with such threats being widely publicized on the deputy’s social networks. In response, Eduardo Bolsonaro classified the action as a “legal hack”.
Next Steps in the Process
With the STF’s decision, the process will now follow procedural steps, including the possibility of an extradition request, given that the deputy has been in the United States since February this year, which raises the question of how the STF will formalize the proceedings. The first step after receiving the complaint would be to set a deadline for Eduardo Bolsonaro’s defense to present its “response to the accusation”, where allegations such as the lack of crime, statute of limitations or questions about the accusation itself can be raised. Then, if the complaint is accepted, the process enters the investigation phase, when the PGR and the defense collect evidence, present documents, call witnesses and carry out investigations. The interrogation of the accused is the last step of this phase.
The STF may also request the extradition of Eduardo Bolsonaro, either to guarantee his presence during the process or to execute a possible sentence. However, as Professor Marcelo Crespo explains, extradition for execution of a sentence would only be viable after a conviction and a concrete basis for the measure. To date, there is no preventive arrest or formal conviction that justifies such a request.
Furthermore, the decision to extradite Eduardo Bolsonaro would depend on the willingness of the United States government, which has already sanctioned some STF ministers in the past. According to Crespo, the issue also involves a political component, given the Donald Trump administration’s interest in getting closer to the Lula government.
After the investigation phase, the case will proceed to the final arguments, where the PGR will present its position and, then, Eduardo Bolsonaro’s defense. The deputy is currently represented by the Federal Public Defender’s Office, as he has not hired a private lawyer. Once this stage is complete, the First Panel of the STF will decide whether the deputy will be convicted, acquitted or whether any part of the accusation will be archived. The trial may be held in person or, if the process proceeds via virtual plenary, it will be decided remotely.
*With information from Estadão Conteúdo
