decisive week

Supreme Court advances coup cases as Bolsonaro nears arrest and son Eduardo becomes a defendant

Brazil awaits a ruling that could lead to Bolsonaro’s arrest, as his son faces unanimous Supreme Court indictment

Julgamento será retomado na terça (18), com o voto do relator, ministro Alexandre de Moraes. | Crédito: Antônio Augusto/STF

Brazil’s Supreme Federal Court (STF) is expected to conclude this week the judgment of “Core 3” of the criminal case investigating the attempted coup aimed at overturning the results of the 2022 election.

Last week, federal prosecutors and defense lawyers presented arguments before the First Panel. On Tuesday (18), reporting justice Alexandre de Moraes will cast the first vote, followed by the panel’s other members.

Federal prosecutors have requested convictions for nine military officers, known as the “Kids Pretos”, and one federal police agent. They are accused of monitoring authorities and planning assassinations of the 2022 president-elect Luiz Inácio Lula da Silva, vice president-elect Geraldo Alckmin, and the president of Brazil’s Superior Electoral Court (TSE).

Other segments of the case remain pending: Core 2, involving defendants accused of spreading disinformation and attacking institutions, and Core 5, which concerns Paulo Figueiredo, grandson of former dictator João Figueiredo, who resides in the United States.

Bolsonaro inches toward prison as appeals expire

The most politically sensitive part of the case is the “Hard Core” which includes former president Jair Bolsonaro, former ministers, and Armed Forces officials. Bolsonaro was sentenced to more than 27 years in prison for leading the coup attempt.

On Friday (14), the Court closed the first round of appeals. Observers expect Justice Moraes to publish the acórdão, the written ruling that consolidates the ministers’ votes and formalizes the sentence. Once published, Bolsonaro’s remaining appeal options are extremely limited.

His defense may still file clarification requests or attempt to send the case to the full bench through an embargo infringente. But STF sources believe these appeals will be viewed as merely delaying tactics.

If considered frivolous, the rapporteur can declare the case finalized, clearing the way for Bolsonaro’s to start serving his sentence.

Eduardo Bolsonaro unanimously indicted by the Supreme Court

Adding pressure to the Bolsonaro family, Brazil’s Supreme Court unanimously made congressman Eduardo Bolsonaro a defendant on Saturday (15). The First Panel accepted charges that he attempted to interfere with the very coup trial involving his father.

Justice Cármen Lúcia cast the final vote, joining Alexandre de Moraes, Cristiano Zanin, and Flávio Dino in the unanimous decision. Although the vote is closed, ministers may still adjust their positions until November 25.

The indictment stems from a complaint by federal prosecutors accusing Eduardo Bolsonaro of coercion during judicial proceedings. In his written vote, Moraes stated that the congressman, currently in the United States and absent from Brazil since March, threatened Supreme Court justices with potential U.S. sanctions, including the use of the Magnitsky Act, and even pressured the U.S. government to impose tariff penalties on Brazil.

According to Moraes, “The grave threat was materialized through the articulation and obtaining of sanctions from the government of the United States.”

Eduardo Bolsonaro remains a licensed member of Congress and has not returned to the country.

Edited by: Nathallia Fonseca
Translated by: Giovana Guedes
Read in: Português

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