Appeals, arrest, extradition and ineligibility still depend on new decisions and the progress of the process
That of the former federal deputy (PL-SP) by the 1st Panel of the Federal Supreme Court on Tuesday (June 16, 2026) opens a new legal stage in the case. By unanimous decision, the ministers understood that he committed the crime of when trying to interfere in the criminal action that resulted in the conviction of his father, the former president (PL) for an attempted coup d’état.
The penalty was set at , in an initial semi-open regime, in addition to the payment of 50 fine days, set at two minimum wages each, totaling around R$162 thousand.
In addition to the penalty, by arguing that it is a conviction for a crime against the public administration, the STF determined the loss of his position as clerk of the Federal Police and declared Eduardo ineligible for 8 years after full serving of the sentence, counting from the date of conviction. Bolsonaro’s son has been in self-exile in the United States since 2025.
NEXT STEPS
Despite the decision, the effects are not immediate. The next step is the publication of the ruling, which opens the deadline for appeals.
According to the criminal lawyer, as the trial was unanimous, the defense’s possibilities are restricted, as there is no appeal that would allow a new analysis of the merits of the conviction.
“As the conviction was unanimous, infringing embargoes are not applicable. The most likely appeal is clarification embargoes, which serve to remedy omissions, contradictions or obscurities and can be used to try to delay the effectiveness of the decision or prepare future allegations of nullity”Martins said to Poder360.
Only after the final judgment – when there is no longer any possibility of appeal – can the sentence be executed. Until then, the former deputy cannot be arrested solely because of the sentence.
“Eduardo Bolsonaro cannot be arrested immediately just for conviction, unless the STF orders his preventive detention, which I understand is not the case given the absence of legal requirements”said the expert.
PUBLIC DEFENSE OFFICE
The former congressman is in the United States and has not appointed a lawyer to act in the process. Therefore, he was represented by the Federal Public Defender’s Office, with oral arguments made by defender Antonio Ezequiel Inácio Barbosa.
Eduardo contests the conviction and not having been notified of the trial. The STF, however, accepted the thesis and considered the summons by notice valid, continuing the criminal action.
According to criminal lawyer Ricardo Martins, the DPU’s actions seek to ensure the regularity of the process and avoid future challenges to the right to defense.
“The actions of the Federal Public Defender’s Office aim to guarantee broad defense and contradictory proceedings and avoid a future question of nullity”stated the criminalist.
WILL YOU BE ARRESTED IF YOU RETURN TO BRAZIL?
If he returns to Brazil before an arrest warrant is issued, the former deputy will also not be able to be arrested only upon landing in the country.
“Eduardo Bolsonaro would only be arrested upon arrival if there was an open arrest warrant in his name. Without a warrant issued, he circulates freely”said Ricardo Martins.
POSSIBILITY OF EXTRADITION
If the STF orders preventive detention or there is a final conviction, Brazil may request Eduardo’s extradition. The request will be forwarded by the Ministry of Justice to the North American authorities through diplomatic channels.
Still, the United States is not obliged to accept the request, as the procedure depends on the rules of the bilateral extradition treaty and the analysis of legal requirements.
According to Martins, if Eduardo remains abroad after an arrest warrant is issued, the STF will also be able to resort to international cooperation mechanisms.
“If an arrest warrant is issued and Eduardo Bolsonaro does not return to the country, Brazil could request the inclusion of his name in the Interpol Red Diffusion, which would make his international travel difficult”said the lawyer.
INELIGIBILITY
The conviction also has effects in the electoral sphere. The STF noted Eduardo’s ineligibility, which is as the 1st substitute for the Senate of André do Prado (PL). The pre-candidacy for the president of the Legislative Assembly of São Paulo will be made official on Saturday (June 20), in Guarulhos (SP).
doctor and master in law from the Pontifical Catholic University of São Paulo (PUC-SP) and specialist in electoral law, stated that the immediate annotation of Eduardo Bolsonaro’s ineligibility by the STF is an unusual measure. According to him, the usual thing is that the impact of the Clean Record Law is analyzed by the Electoral Court only when the candidate requests to register his candidacy.
“In this specific case, the conviction ended up determining the annotation of ineligibility, which is unusual, because this is normally interpreted at the time of registering the candidacy”the expert told Poder360.
According to Rollo, the annotation of ineligibility does not, in itself, prevent Eduardo Bolsonaro from submitting a request to register his candidacy. The request would be analyzed by the Regional Electoral Court, with the possibility of appeal to the Superior Electoral Court. While there is an appeal pending, the name of the former deputy may appear on the ballot box.
“Even if he is ineligible, he can request registration of his candidacy, which will be judged by the TRE. Given this note, the registration will probably be rejected. An appeal can be made to the TSE and, until the TSE decides, his name can go to the ballot box”said Rollo.
