Moraes does not decrease Bolsonaro’s arrest, but warns: “Justice is blind, but not foolish”

Minister Alexandre de Moraes of the Federal Supreme Court (STF) decided on Thursday (24) to maintain the precautionary measures imposed on former President Jair Bolsonaro (PL), by now discarding pre-trial detention. In order, Moraes made it clear that a new non-compliance with judicial determinations will lead to the immediate detention of the former Mandanker.

“Justice is blind, but not foolish,” wrote the minister, in an explicit warning to the former president.

The decision was made after Bolsonaro’s defense submitted explanations about the publication of videos with his statements on social networks, which, according to Moraes, could configure a buck to the court order. The magistrate, however, understood that there was an “isolated irregularity” and that the former president had come, until then, fulfilling the rest of the precautions, such as the night home collection and the use of an electronic anklet.

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“Because it is an isolated irregularity, without news of other non -compliance so far, as well as the defense allegations … I stop converting the precautionary measures into pre -trial detention,” Moraes wrote in the order.

What is prohibited – and what is not

Moraes clarified that Jair Bolsonaro is not prevented from giving interviews or making public or private speeches, but is prohibited from allowing, directly or indirectly, that these contents be conveyed on social networks – including third party accounts.

The minister’s interpretation generated controversy with the defense of the former president, who claims that it is not possible to control the replication of interviews on digital platforms. In a demonstration delivered to the Supreme Court, lawyers Celso Vilardi and Paulo Cunha Bueno say Bolsonaro “never considered” being forbidden to grant interviews and that any reproduction on the networks would be third party responsibility.

“Such acts do not have the direct or indirect participation of the interviewee, which cannot be punished by acts of third parties,” says the text.

Nevertheless, Moraes stressed that precautionary measures are still valid and that any new episode of content broadcast on social networks could lead to the decree of pre -trial detention.

In course investigations

The measures imposed on the former president are part of an inquiry in which he and his son, licensed federal deputy Eduardo Bolsonaro (PL-SP), are investigated for alleged articulation with Donald Trump government to pressure the Supreme Court.

The Federal Police and the Attorney General’s Office point to evidence that the two have acted to influence judicial decisions in Brazil through US authorities. Conduct can configure the crimes of:

• Coercion in the course of the process;
• Obstruction of justice;
• Attack on national sovereignty.

On Friday (18), Moraes ordered Bolsonaro to wear an electronic anklet, comply with nightly home collection and maintain a distance from embassies, consulates and foreign authorities. It also prohibited the use of social networks, even indirectly, and contact with other investigated – among them, the child himself.