The open trial at the (Supreme Federal Court) against the former deputy (PL-SP), in which he is accused of acting to intimidate the Brazilian Judiciary, begins this Tuesday (16), with the tendency for the First Panel to convict the parliamentarian.
As he did not appoint his own lawyer, Eduardo will be defended by the DPU (Union Public Defender’s Office). The body will ask for the session to be postponed until the panel is complete again — the First Panel has one member less since the minister’s departure. The expectation, however, is that the request will be denied.
The result of the conviction could generate a new challenge for the management of the President of the Supreme Court, given the opening of a new point of friction between Brazil and the United States. Fachin has complained that other countries embarrass the court in carrying out its role.
The trial takes place less than a week after the case of the former deputy (PL-SP), alleging that the minister played a “dual role”, as judge and victim. Fachin, who is also the rapporteur of the criminal action against Eduardo.
The son of the former president is an attempt to abolish the democratic rule of law. The complaint offered by the (Attorney General’s Office) points to an attempt to embarrass the STF to prevent the conviction of the father in the case of the coup plot. Bolsonaro ended up sentenced to more than 27 years in prison, and is serving his sentence.
The reading of Moraes’ surroundings is that he will obtain a majority in the First Panel to condemn the former deputy — and that, without Fux’s participation, there are chances of a unanimous result, with the votes of the ministers, and the other members of the collegiate.
The STF’s behind-the-scenes assessment is that, although the vacancy that is open at the court has not yet been filled, the court’s internal regulations do not provide for the requirement for a full quorum of the First Panel. Therefore, there is no impediment to the session taking place, as requested by the DPU.
A person linked to Dino, current president of the First Panel, remembers that after Fux’s departure there were a series of criminal trials in the Panel in which four ministers voted, such as . Furthermore, a possible draw would be beneficial to the defense, as it would favor the defendant.
The DPU argues that the incomplete composition becomes “excessively reduced” for the judgment of a criminal action which, as it originates from the STF, has limited possibilities for appeals.
When accusing Eduardo, the PGR stated that, alleging political persecution by the Supreme Court, he mobilized contacts in the United States to obtain personal sanctions against ministers, such as the suspension of visas and the application of the Magnitsky Law, and economic punishments for Brazil, such as the “tariff” applied by in 2025.
The former deputy’s defense claims that Moraes should be declared impeached due to lack of impartiality and that the PGR “confuses political action with coercive power”. It also argues that there is no evidence of a crime on the part of the defendant, whose speech was protected by parliamentary immunity and freedom of expression.
“The accused does not have, nor has he ever had, decision-making power over the foreign policy of the United States. Acts of a foreign government are an expression of the sovereignty of another State and do not result from the determination of a Brazilian parliamentarian, even if he eventually meets with foreign authorities and expresses his political position.”
Eduardo was notified by notice to present his defense prior to the complaint, but he did not do so, and the DPU was appointed to represent him. The organization states that, as the former parliamentarian lives in the United States, the summons should have taken place by letter rogatory, through international cooperation.
understanding that Eduardo has his main residence in Brazil and is “unequivocally” aware of the conduct alleged by the PGR, so that he would only be “creating difficulties in being notified”, after unsuccessful attempts at in person.
Tuesday’s session begins with the reading of the report (summary) of the case by the rapporteur. Afterwards, the PGR and the defense will speak out, which will be carried out by federal public defender Antonio Ezequiel Inácio Barbosa. Afterwards, voting is open and will take place in the following order: Moraes, Zanin, Cármen and Dino.
If the result is in fact conviction, the ministers begin to discuss the dosimetry of the sentence, such as the time of deprivation of liberty and the amount of any fine. The conviction makes Eduardo a “dirty record”, that is, prevented from competing for up to eight years after serving his sentence. The decision may still be appealed.
The senator (-RJ), pre-candidate for the Presidency, stated in February that Eduardo, but that there are difficulties in this hypothesis, since his brother is outside the country and, due to this, he was impeached by the Chamber for having exceeded the number of absences. “How is he going to explain to voters that he is going to be elected, he is going to be absent and he is going to lose his mandate too?”, he said.
At the time of the vote on whether to receive the complaint, Moraes said that there was “relevant evidence that Eduardo’s conduct was aimed at creating an institutional and social environment of instability” to coerce STF ministers to free Bolsonaro in the case of the coup plot, “in total disregard for due legal process”.
Journalist Paulo Figueiredo was denounced by the PGR alongside Eduardo, but the cases were split up and run independently. The criminal case against Figueiredo has not yet been opened because he has a permanent residence in the United States, and the international procedures for his subpoena have not yet been completed. He also talks about political persecution and lack of just cause.
