Image credits: Marcelo Camargo/Agência Brasil

With his announced return to Brazil, Bolsonaro will face a turbulent judicial and political scenario

Former president Jair Bolsonaro (PL), who according to people close to him intends to return to Brazil on Thursday (30) - after a three-month stay in the United States - will face several investigative actions opened against him. Five cases that are already underway at the Federal Supreme Court (STF) could result in the former president being arrested.

Of the five investigations he is facing at the STF, four were opened during Bolsonaro's term as president (2019-2022), while the last one is subsequent and is related to the anti-democratic attacks of January 8, on the headquarters of the Three Powers, in Brasília .

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In one of the most emblematic cases, the former Minister of Justice and Public Security, Sergio Moro, accuses Bolsonaro of interfering in the Federal Police to protect family members suspected of corruption. The former president is responsible for spreading misinformation about electronic voting machines during the election period.

The other two investigations relate to the alleged leak of confidential information from a police investigation into a hacker attack on the Superior Electoral Court (TSE) and statements during the covid-19 pandemic, when he associated the covid-19 vaccine with HIV (Aids ).

Without the protection of the privileged forum

Upon leaving the Presidency and losing his privileged forum, a dozen investigation requests against Bolsonaro, received by the STF during his term, began to be sent to the first instance.

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Among them, “subversion of order” for his participation in the events of September 7, 2021, with anti-democratic speeches and attacks on STF ministers. At the time, Jair Bolsonaro said that he would only leavearia the Presidency “imprisoned, dead or victorious”.

Can the former president be arrested?

According to Carla Junqueira, lawyer and doctor in law from the University of São Paulo, in the “very unlikely” case of being definitively convicted, Bolsonaro could be sentenced to maximum penalties for these crimes, up to 40 years in prison.

“An arrest order could come out of nowhere,” the former president himself told the Wall Street Journal, in an interview published on February 14, about the risks of setting foot in Brazil.

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According to Brazilian law, someone detained can only be arrested and serve a sentence after the case has become final, all appeals instances have been exhausted, or if a judge considers, during the investigations, that his freedom withpromethe process.

The first hypothesis is unlikely in the curto deadline, in view of the usual judicial procedures.

The second has a recent precedent: in 2019, former president Michel Temer (2016-2018) was arrested less than four months after leaving office for alleged embezzlement of resources. Temer (MDB) was detained for four days, after which the Federal Regional Court of the 2nd Region reversed the decision of the judge of first instance Marcelo Bretas, of the 7th Federal Criminal Court, who had ordered his preventive detention.

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Could Bolsonaro become ineligible?

Yes, due to the 16 actions being processed against him in the Superior Electoral Court. If convicted, you could be banned from contesting elections for eight years, which leaves himaria out of the 2026 presidential elections.

Two actions are for verbal attacks on the electoral process and electronic voting machines, while others denounce the use of the public machine for their own benefit during the October presidential elections, when he was defeated by President Luiz Inácio Lula da Silva (PT).

The most advanced investigation that threatens his political future is related to a meeting that the former president had with ambassadors, on July 18, 2022, in Brasília, to raise doubts about the country's electoral process. Bolsonaro displayed a Power Point file with false information about electronic voting machines.

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What about the case of Saudi jewelry?

Another scandal revealed by the State of S. Paulo and investigated by Federal Politics is that of several kits of jewelry presented by Saudi Arabia, some of which would have entered Brazil irregularly.

The allegations include a case from the luxury Swiss brand Chopard estimated at 500 thousand reais, which Bolsonaro returned last week as ordered by the Federal Court of Auditors; and a set of diamond watch, necklace and earrings from the same brand, which would be intended for his wife, Michelle.

This set, valued by the press at 16,5 million reis, was seized at Customs in 2021. This Tuesday (28), Estadão revealed that Bolsonaro had received a third kit worth more than R$500 thousand, which includes a Rolex watch in white and diamonds, during a trip to Saudi Arabia in 2019.

According to the Minister of Justice and Public Security, Flávio Dino, the case could constitute a crime of embezzlement (appropriation of public assets) or tax for the entry of private assets without due declaration and payment of taxes.

(Source: AFP)

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