Bolsonaro claims “one-off trip” and insists that Moraes go to Trump’s inauguration

Former president Jair Bolsonaro (PL) filed an appeal this Thursday, 16th, at the Federal Supreme Court (STF) to try to reverse the decision of minister Alexandre de Moraes who barred his trip to participate in the inauguration of the elected president of the United States Donald Trump.

The defense suggests two paths: that the minister reconsider his own decision or that he send the request for a collegiate judgment in the STF plenary.

The appeal was filed hours after Moraes’ decision. Bolsonaro is racing against time. Trump’s inauguration will be on the 20th, in Washington.

The former president has had his passport withheld since February 8, 2024, when he was targeted by the Federal Police’s Operation Tempus Veritatis, on suspicion of involvement in a coup plot after the 2022 elections. Bolsonaro was indicted in the case.

The seizure of the passport is a precautionary measure to prevent the person being investigated from escaping during the investigation and process. Bolsonaro has already stated, in interviews, that he feels “persecuted” by the courts and that he does not rule out taking refuge in an embassy.

Criminalists Paulo Amador da Cunha Bueno and Celso Sanches Vilardi, who coordinate the ex-president’s defense, argue that his passport has been withheld for a year, even without a formal complaint. “The time seems excessive, especially when we are dealing with serious measures and, mainly, because there is not even an accusation filed”, they criticize.

Bolsonaro was indicted by the Federal Police in the coup investigation, but it is up to Attorney General Paulo Gonet to write the complaint, which should occur this semester.

The defense also states that the former president “has already demonstrated, concretely and objectively, his intention to remain in Brazil” and cites as an example a trip to Argentina for the inauguration of Javier Milei, in December 2023. According to the lawyers, the decision to Moraes is “concentrated on mere conjectures”.

“The precautions imposed on the Petitioner (Bolsonaro) have been fully complied with and respected. And, therefore, there is nothing to indicate that the punctual return of the passport, for a limited and justified period, could put this reality at risk. It is certain that, upon your return, the passport will be promptly returned to this Federal Supreme Court”, says an excerpt from the appeal.

Lawyers still refute the arguments of the Attorney General’s Office (PGR), which was against the trip. In his statement, Gonet stated that the former president’s passport was withheld for “public order reasons” and that the trip, in turn, does not serve the public interest. The PGR stated that Bolsonaro wants to participate in the event to “satisfy private interests”. The defense claims, in turn, that Bolsonaro was invited as a former president and “active politician”.