Eduardo Bolsonaro’s mandate at risk: faults, threats to the PF and even “insider trading”

The license request made by the deputy Eduardo Bolsonaro (PL-SP) Won last Sunday, but the former president’s son has warned that he will not return to Brazil. The decision adds one more risk to the loss of the third party’s term voted by São Paulo in 2022: to accumulate many faults to voting sessions. He also faces complaints of threatening the federal police who participated in the operation against his father last week and even practiced insider trading when Donald Trump’s announcement.

In the evaluation of the lawyer and professor of constitutional law at the Fluminense Federal University (UFF), Gustavo Sampaio, being punished for absences can be a strategy of the politician not to be ineligible by the Clean Record Law, which would happen if he had the mandate revoked for any other reason.

• Also read: Eduardo Bolsonaro Parliamentary License ends today; Understand what happens now

Sampaio comments that Eduardo Bolsonaro wants to create a political fact by not reniving his mandate. “The deputy wants to expand the content in relation to what would be an alleged undemocratic movement to take his family of power,” he says.

According to the jurist, “the deputy knows that, as a parliamentarian elected by the people, he has a duty to stay in the national territory, to attend the sessions of Parliament, to dedicate themselves to the legislative office and to work defense of those he represents.”

“From the moment he makes the decision to remain in the American territory, he is leaving the mandate of federal deputy and the House of Representatives will have to revoke his mandate for lack of participation in the legislative process,” says the lawyer.

The Federal Constitution provides for the loss of the warrant to the parliamentarian who fails to appear, in each legislative session, to the third of the house’s ordinary sessions. As Eduardo Bolsonaro’s license deadline ended on Sunday, the deadline will count from the next session, which should take place in the first week of August. Any absences before the license also enter this account.

But beyond the faults, there are other risks hanging over Jair Bolsonaro’s son. PT leader in the House, Lindbergh Farias, asked the presidency of the House to block the salaries of the PL deputy due to the termination of the license and his presence abroad. Farias also called the Supreme Court on Monday (22), asking for Eduardo Bolsonaro’s preventive arrest for threatening Federal Police officers in a live.

• Also read: PT calls for suspension of Eduardo Bolsonaro’s mandate in the Chamber

Investigation of “Insider Trading”

The other accusation is linked to operations in the financial market. STF Minister Alexandre de Moraes determined investigation of transactions that suggest possible use of privileged information, ie, “insider trading” by individuals or legal entities, allegedly with prior access and improper access to high impact decisions or data.

The Union Attorney General (AGU) had asked the Supreme Court to investigate misuse of privileged information in the exchange market involving the official announcement of new commercial tariffs imposed by the United States on Brazil on July 9.

Reports conveyed by G1 and by TV Globo On Friday (18) reports gearbox transactions in significant volume before and after the official announcement of the new commercial tariffs.

The AGU also requested referral of the news in fact to the Attorney General’s Office, and requested investigation of transactions by the Securities Commission (CVM), a priority.

Professor Gustavo Sampaio says that the prosecutor can determine an investigation within the Federal Police. In addition, the CVM has a memorandum of understanding with the US Federal Government agency, which regulates securities in the United States. Through this memorandum there is an international cooperation for referral of information necessary to determine civil and administrative unlawful act by the Brazilian autarchy.

However, he believes that the cooperation of US agencies, under the command of President Donald Trump, may not be effective.

In practice, the lawyer evaluates that there are still few elements to justify the occurrence of this practice of “insider trading”. “Therefore, a calculation is recommended within the Federal Police, determining the establishment of federal police inquiry for this purpose,” he says.

According to him, “the CVM can refer to the piece of information to the MP so that from there can be investigated around the possible occurrence of the crime known as“ insider trading ”.

The law that establishes the CVM provides for imprisonment of 1 to 5 years for those who use relevant information that they are aware – not yet disclosed to the market – which is able to provide, for themselves or others, improper advantage. According to the law, the penalty is increased in one third if the agent commits the crime using relevant information that he is aware of and should keep confidential.