The First Chamber of the Federal Supreme Court (STF) will begin hearing the complaint against Federal Deputy Eduardo Bolsonaro (PL-SP), son of former President Jair Bolsonaro (PL), this Friday (November 14). In a virtual plenary session until November 25, ministers on the panel will analyze whether Mr. Eduardo can be accused of coercion.
Mr. Eduardo has been accused by the Attorney General of the Republic, Paulo Gone, of coercion because of his work in the United States, but the Federal Prosecutor’s Office (DPU) is defending him, asking that the charges be dismissed, saying that since the STF knows the congressman’s whereabouts, the correct option is to summon him for written questioning.
At this trial stage, the First Committee will decide whether to initiate criminal proceedings against Eduardo. In other words, whether the PGR complaint contains sufficient evidence to warrant criminal action. If the ministers understand that this is the case, Eduardo will be the defendant.
When this occurs, criminal proceedings include procedural instructions in which the prosecution and defense will have an opportunity to present evidence and question witnesses.
The current members of the first panel are Flavio Dino (president), Alexandre de Moraes, Cristiano Zanin and Carmen Lucia. Lewis Fuchs requested a transfer to the Second Committee in September this year following his trial for the coup plot.
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Jair Bolsonaro’s son was accused of trying to intimidate the STF during the trial of Criminal Case 2668, which tried the former president and seven of his allies. These measures included the application of the Magnitsky Act, restrictions placed on Supreme Court ministers such as visa cancellations, and U.S. retaliation against Brazil such as tariffs.
Paulo Gone considered that “the accused repeatedly endeavored to subordinate the interests of the Republic and the community as a whole to his personal and family plans”.
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Bolsonaro was put on trial amid the action in the United States. The former president was sentenced to 27 years and three months in prison on five charges, including coup d’etat. The embargo on Bolsonaro’s National Defense Declaration will also be decided at a virtual plenary session scheduled to end this Friday (11/14).
DPU
Because Eduardo did not appoint a lawyer, Minister Alexandre de Moraes, who reported the case, ordered the Federal Public Defender’s Office (DPU) to defend him. The DPU asked for the charges to be dismissed, arguing that the lawmaker was not the author of the sanctions and that his demonstration was a “legitimate exercise of freedom of expression and parliamentary duties.”
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Official Deputy Eduardo Bolsonaro
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Federal Deputy Eduardo Bolsonaro
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Eduardo Bolsonaro
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Federal Deputy Eduardo Bolsonaro (PL-SP)
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Congressman Eduardo Bolsonaro (PL-SP)
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Barbosa argued that Eduardo’s political demonstrations in the United States amounted to public statements about international conferences, and that members of Congress do not have the authority to impose or lift economic sanctions, citing trade tariffs imposed by the United States on Brazil as an example.
“The Complaint does not prove that Defendants have the authority to carry out the consequences referred to in their statements. Although it generally holds that Defendants have the ability to ‘obtain’ sanctions from foreign governments, it does not demonstrate that Defendants have effective decision-making authority over sovereign acts of the United States,” the DPU argued.
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