The recent revelation that former President Jair Bolsonaro sought refuge at the Hungarian embassy in Brasília after having his passport confiscated by Brazil's Federal Police has sparked intense debates within the government and its allies. There is a sense that the former leader is increasingly entangling himself and exposing his "cowardly'" side, as President Luiz Inácio Lula da Silva recently put it during a ministerial meeting.
Left-wing lawmakers have already approached the Supreme Federal Court and the Office of the Attorney General, requesting Bolsonaro's arrest. Within the corridors of the Palácio do Planalto, ministers have drawn comparisons between Bolsonaro's situation and that of Lula, who never fled the country during the Car Wash Operation. Lula spent 580 days in prison, while Bolsonaro is not willing to take any chances.
Meanwhile, the Federal Police are analyzing images revealed by The New York Times journal to determine if the incident is related to any of the investigations involving the ex-president. Internally, at the Supreme Federal Court, the assessment is that caution is necessary.
The eagerness to arrest the former president, expressed by some politicians, is unlikely to find support within the Court. The decision regarding a potential arrest or other measures related to Bolsonaro, such as using an electronic ankle monitor, lies with the Supreme Court Justice Alexandre de Moraes, the rapporteur for investigations involving the ex-president.
It's worth noting that embassy territories belong to other countries, and Brazilian authorities do not have the power to arrest individuals seeking refuge in these locations. Despite the argument that seeking shelter at an embassy could be construed as an attempt to evade investigations—one of the conditions for issuing a preventive arrest—the Supreme Federal Court (STF) has adopted a more cautious stance. The situation continues to be closely monitored, and the outcome will depend on legal analyzes and the case's specific circumstances.
The prevailing assessment among the justices is that Bolsonaro should only be arrested after being adequately charged and having the opportunity to defend himself in a process with ample due process rights. This position reflects the understanding that preventive detention should be an exceptional measure applied only in situations of extreme necessity.
Former President Jair Bolsonaro at the Hungarian embassy / Photo: New York Times
The New York Times revealed the incident that brought this discussion to the forefront and generated significant repercussions. According to the American newspaper, Bolsonaro spent two days at the Hungarian embassy, four days after the Federal Police confiscated his passport. The period he stayed at the embassy coincided with the Brazilian employees working on-site recess due to Carnival. Without clear explanations, the workers were instructed to work from home the following week.
Bolsonaro's defense did not explain anything to the American newspaper. However, after the article's publication, which included images from the embassy's security cameras, the lawyers released a statement to the press. In it, they asserted that the former president was at the embassy by invitation to "maintain contacts with authorities from the friendly country."
Amidst these discussions, the STF continues to analyze the case, considering constitutional principles and Bolsonaro's rights. The final decision will significantly affect the country's political and legal landscape.
The STF grants a deadline for Bolsonaro's explanations
The Supreme Court Justice Alexandre de Moraes has ordered former President Jair Bolsonaro to explain his two-day stay at the Hungarian embassy in Brasília. The established deadline is 48 hours. The embassy's security cameras recorded Bolsonaro arriving at the location on February 12 during Operation Tempus Veritatis, which investigates the alleged coup attempt to keep him in power in 2022.
The Ministry of Foreign Affairs requested the presence of the Hungarian ambassador to provide clarifications, demonstrating the Brazilian government's dissatisfaction with the situation.
If Bolsonaro had remained within the diplomatic mission, theoretically, he could not have been the target of an arrest order, as he would have been in a building protected by diplomatic conventions.
Edited by: Rodrigo Durão Coelho
