Will Bolsonaro be arrested? Understand Moraes Alert on Cautionary Measure
Minister Alexandre de Moraes of the Federal Supreme Court (STF) summoned the defense of former President Jair Bolsonaro (PL) to clarify the possible non-compliance with precautionary measures imposed last Friday (18).
The warning was made after a speech by the former circular manner of social networks on Monday (21), in alleged violation of the prohibition of direct or indirect use of these platforms.
“Under penalty of immediate decree of prison,” Moraes wrote, noting that Bolsonaro cannot appear on videos, audios or transcriptions published on social networks – even by third parties.
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The restriction was detailed in a new order of the minister on Monday, which reinforced the terms of the precautionary already imposed. In addition to the prohibition of networks, Moraes determined the nightly household, use of electronic anklet and veto to contact embassies and foreign authorities.
The measures were authorized after the Federal Police pointed to evidence that Bolsonaro and his son, Deputy Eduardo Bolsonaro (PL-SP), acted in the United States to pressure the US government to retaliate Brazilian institutions involved in investigating the 2022 coup attempt.
Failure Alert
On the afternoon of Monday, Bolsonaro was in the House of Representatives and, leaving a meeting with PL parliamentarians, spoke to journalists and exhibited the electronic anklet. The speech was replicated by supporters in various profiles on the networks:
“This is a symbol of the maximum humiliation in our country. An innocent person. Cowardice what they are doing with a former president of the Republic,” Bolsonaro said.
The reproduction of the interview in the networks motivated Moraes to question if there was a violation. By the decision, it is not enough that Bolsonaro avoids his own publications – the broadcast of his lines by third parties in the networks, including through the press agencies, is also prohibited.
Following the demonstration of the former president’s defense, if the rapporteur minister understands that it was intended to breach the measures imposed, Jair Bolsonaro’s custody may be decreed.
Precautions are “surprising”
The former president’s lawyers stated that they received the measures with “surprise and outrage”, claiming that Bolsonaro had been complying with the determinations of the courts. Already the former president himself stated that he is being subjected to the “supreme humiliation”.
The Attorney General’s Office (PGR) gave a favorable opinion to the measures after request by the Federal Police. For Moraes, there is a risk of escape and evidence that the former president seeks to obstruct investigations. Among the crimes pointed out are:
- Coercion in the course of the process
- Obstruction of criminal organization investigation
- Attack on national sovereignty
The latter is considered unprecedented against a former president. Typification was inserted in the Penal Code in 2021, during the Bolsonaro government itself, and provides for imprisonment of 3 to 8 years.
International reaction
On Friday (18), the United States announced sanctions against Moraes and their families, in retaliation to what the US government classified as political persecution to Jair Bolsonaro. The measure was accompanied by the revocation of diplomatic and tourist visas.
On Saturday (19), President Luiz Inacio Lula da Silva (PT) classified sanctions as an “unacceptable interference” in Brazilian sovereignty.
Already Eduardo Bolsonaro, who is in the United States, returned to criticize Moraes in English, accusing the minister to sabotage Brazilian democracy and try to turn his father “hostage” to attack the government of Donald Trump.
“What makes this decision even more absurd is the fact that it is based on actions taken by the United States (…) this is institutional, pure and simple sabotage,” wrote the deputy.
