Bolsonaro targeted by Moraes
1:14
The First Chamber of the Supreme Federal Court (STF), responsible for judging the cases regarding the coup plot, confirmed this Friday, 18, the precautionary measures adopted by Minister Alexandre de Moraes against former President Jair Bolsonaro . At Moraes' request, the president of the collegiate, Cristiano Zanin, called an extraordinary session in the virtual plenary.
Voting began at noon today and will continue until 11:59 p.m. on Monday, the 21st. Justices Flávio Dino, Cristiano Zanin, and Cármen Lúcia voted, along with Moraes. Justice Luiz Fux's vote is still pending. Dino stated that there is a possibility that former President Jair Bolsonaro will flee the country.
With the support of his colleagues, Moraes emerges stronger from the clash with Donald Trump, who sent a letter to Brazil asking that the"persecution" against Bolsonaro be stopped immediately.
Although the court is in recess, the procedural deadlines for the case against Bolsonaro have not been interrupted, because one of the defendants, General Braga Netto, is in prison.
Moraes did not inform all his First Chamber colleagues in advance of the decision affecting Bolsonaro. Justices on the panel told Estadão that this was because the Court was in recess and some justices were on leave.
Moraes is not required to notify his colleagues before making a decision, but this has been the practice, especially in high-impact decisions. Members of the panel expected that Moraes' decision would only be submitted to the panel for confirmation or rejection of the measures starting in August, when the court will resume operations.
Supreme Court justices had been considering legal grounds to justify Bolsonaro's preventive detention order for months, as Estadão reported . The decision to adopt precautionary measures was Moraes' way of preventing further attempts to obstruct the proceedings—or, in a more serious situation, the defendant's escape before trial.
Article 312 of the Code of Criminal Procedure provides for situations in which pretrial detention or precautionary measures may be ordered even before the defendant's trial. This may occur"to guarantee public order, for the convenience of criminal proceedings, or to ensure the application of criminal law, when there is evidence of the existence of a crime and sufficient evidence of perpetrator."
One of the factors indicating an attempt to avoid criminal law enforcement is the political movements of Eduardo Bolsonaro, the president's son, who now lives in the United States. According to Attorney General Paulo Gonet, he is attempting to corner the Supreme Federal Court (STF) as the criminal case against his father advances.
Donald Trump's letter aggravated the situation. The US president demanded that Brazil immediately halt the"witch hunt" against Bolsonaro. In the same document, Trump announced the tariff hike on Brazil. Given these indications, the First Panel is likely to uphold Moraes's decision.