The first panel of the Federal Supreme Court (STF) begins its analysis on Friday (14) of the case complaint Filed against the Federal Representative Eduardo Bolsonaro (PL-SP) By coercion. He would have acted against the authorities investigating, prosecuting and sentencing former President Jair Bolsonaro (PL) for alleged participation in a coup plot.
The virtual analysis begins at 11 a.m. on Friday and continues until November 21. If the complaint is accepted, Eduardo will become a defendant and a criminal case will be opened against the parliamentarian so that the Special Court will later decide whether to convict or acquit him. The first class includes Alexandre de Moraes, Flavio Dino, Carmen Lucia and Cristiano Zanin.
According to the Public Prosecutor’s Office (PGR), responsible for the complaint, Eduardo V US Financial sanctions against Brazil and judicial authorities. In July, for example, Moraes was sanctioned Magnitsky lawWhich provides for financial penalties. Other ministers had their US visas cancelled.
According to the Attorney General of the Republic. Paolo JeunetThe goal will be to prevent the authorities from taking advantage of Bolsonaro. Despite his actions, the former president was sentenced to 27 years and three months in prison in September.
For Jeunet, Eduardo, along with the influential Paulo Figueiredo, attempted to “create a climate of instability and fear, projecting onto the Brazilian authorities the possibility of foreign reprisals and onto the population the specter of an isolated and mocked state.”
Also according to the PGR, “the defendants, as we have seen, have repeatedly presented themselves as being able to obtain sanctions abroad – which they have already obtained – at extreme risk in their consequences, both for the national economy and for the judges of the case involving Jair Bolsonaro.”
What does Eduardo’s defense say?
Eduardo is represented by the Federal Public Prosecutor’s Office (DPU), as designated by Moraes, after the parliamentarian failed to appoint lawyers in the process and provide a prior response to the accusations.
The Defense Office said that this process is null and void, because it ignores the Code of Criminal Procedure, which requires notification of charges through a judicial commission, when the accused is not in Brazil. The Environmental Protection Unit had requested notification by this means, but the Minister rejected the request and continued the notification through notification.
However, according to the Public Defender’s Office, summons by notice should be used when the accused creates difficulties in being found, which would not be the case. He added, “Not being present on national territory does not mean creating difficulties. Physical absence constitutes a situation that requires a different means of procedural communication: judicial rogatory.”
Also according to the Public Defender’s Office, the crime of coercion has “violence” and “serious threat” as requirements. According to the institution, the PGR “does not describe any act of violence committed by the accused against any authority.”
It is also reported that the accusation was based on public statements about meetings with foreign authorities, disclosures of sanctions and the political and economic consequences of judicial rulings, in addition to criticism of the Brazilian authorities. But he stated that these actions constitute political expressions, without violence or serious threats.
About The Author
