STF opens criminal proceedings against Eduardo Bolsonaro; see what happens now

The First Panel of the Federal Supreme Court formed a majority to transform deputy Eduardo Bolsonaro (PL-SP) into a defendant for coercion during the process.

The PGR complaint points out that he worked in the United States to encourage sanctions against STF ministers and pressure the court during the trial of the coup attempt that led to Jair Bolsonaro’s conviction.

Now, with the opening of criminal proceedings practically guaranteed, the case enters a new phase. See the next steps.

1. Criminal action will be officially opened

With the end of the trial in the virtual plenary, scheduled for November 25th, the STF will formalize the opening of criminal proceedings. This stage confirms Eduardo Bolsonaro as a defendant and begins the criminal process within the Court.

2. Notification and presentation of defense

After formalization, the deputy will be notified to present his written defense. As he is in the United States and is represented by the Federal Public Defender’s Office, the Court can decide on the form of communication and require the defendant to indicate an address or appoint his own lawyer, if he wishes.

3. Production of evidence

With the action open, Minister Alexandre de Moraes will be able to determine:

• taking statements;
• collection of new evidence;
• document analysis and expertise;
• possible sharing of elements collected in other investigations, such as the investigation into the coup plot.

The PGR may also request additional measures to support the accusation.

4. Final arguments

Once the evidence phase is complete, the prosecution and defense will present their final arguments. Each party presents its definitive version of the facts before the merits are judged.

5. Trial: acquittal or conviction

After the allegations, the case returns to the First Panel. The ministers will vote on the merits of the action:

• whether Eduardo committed the crime of coercion during the process;
• if he tried to interfere in the father’s trial by articulating international sanctions;
• what penalty will be applied in case of conviction.

6. Possible definition of penalty

If convicted, the deputy may receive:

• prison sentence (coercion during the process provides for up to 4 years in prison);
• fine;
• possible additional restrictions, depending on the Court’s understanding.

As a first-time offender and a sitting parliamentarian, the analysis of the initial regime and the possibility of replacing the sentence will also depend on the final result.