Moraes sees Bolsonaro's actions as an "isolated irregularity," denies preventive detention, and allows interviews.

Felipe Pontes - Reporter for Agência Brasil

Minister Alexandre de Moraes, of the Federal Supreme Court (STF), said this Thursday (24) that he had no doubt that former president Jair Bolsonaro violated the ban on using social media, but that the episode was isolated and would not be enough to order preventive detention.

Moraes pointed to a post by Congressman Eduardo Bolsonaro on Facebook, made moments after the former president visited Congress, where Bolsonaro showed off the electronic ankle bracelet he was forced to wear and gave statements to the press.

“In this case, the dissemination on social media of a speech given by JAIR MESSIAS BOLSONARO in the Chamber of Deputies by his son, also under investigation, moments after the event, demonstrates an attempt to circumvent the precautionary measure,” wrote Moraes.

The minister reiterated that “there is no doubt that there was non-compliance with the precautionary measure imposed, since the social networks of the investigated EDUARDO NANTES BOLSONARO were used in favor of JAIR MESSIAS BOLSONARO within the illicit modus operandi already described”.

However, Moraes stated that the violation was "isolated," with no reports of other breaches. He also said he had taken into consideration the explanations provided by Bolsonaro's defense. The lawyers denied any intention on the part of the former president to violate precautionary measures and stated that he "has been rigorously observing the imposed confinement rules."

He warned, however, that "if there is further non-compliance, the precautionary measures will be converted immediately" into pre-trial detention. 

Circumvent prohibitions

Regarding the scope of the precautionary measures imposed on Bolsonaro, the minister clarified that at no time was the former president prohibited from giving interviews or making public statements, but that this does not mean that he can take advantage of "prefabricated" situations to be published by third parties in a coordinated manner, circumventing the prohibition on using social media.

"JUSTICE IS BLIND BUT NOT FOOLISH!!!!!" Moraes exclaimed. The minister emphasized that this is a typical modus operandi of digital militias attacking democracy: coordinating social media posts to disseminate potential crimes committed by Bolsonaro. 

national sovereignty 

Moraes added that such interviews and public acts by Bolsonaro are planned “always with the purpose of continuing to induce and instigate a foreign head of state to take measures to illicitly interfere in the regular course of the judicial process, in order to result in social pressure on the Brazilian authorities, with a flagrant attack on national sovereignty.”

The minister's reference concerns sanctions imposed by the government of Donald Trump, President of the United States, against himself and seven other Supreme Court justices and their family members, who had their entry visas to the United States canceled. 

The announcement of the measure was made on social media by U.S. Secretary of State Marco Rubio. The reason given was the alleged violation of freedom of expression and human rights in the conduct of the proceedings regarding Bolsonaro's coup plot. 

In this month, Trump also announced a 50% tariff increase. Regarding all Brazilian products imported by the USA, to become effective on August 1st. 

In a letter to President Luiz Inácio Lula da Silva, also published first on social media, Trump gave as the central justification for the measure what he said was a “witch hunt” against Bolsonaro. 

Inquiry

Bolsonaro and Eduardo are being investigated for what appears to be an attempt to intimidate the Supreme Federal Court (STF) into shelving the case in which he is accused of attempting a coup d'état to remain in power after an electoral defeat. 

When imposing precautionary measures against Bolsonaro, last Friday (18), Moraes stated that Bolsonaro makes a “flagrant confession” of the crimes of coercion during the process and obstruction of justice, when saying that Trump’s withdrawal from the tariff hike is conditioned on an amnesty for the coup plot. 

The minister pointed out that Bolsonaro confessed in court to having sent R$2 million received in a fundraising campaign so that Eduardo could stay in the US, where he is on a political tour to obtain international sanctions against the Supreme Court justices and Brazil itself. 

The precautionary measures imposed on Bolsonaro were confirmed on Monday (21) by the First Chamber of the Supreme Court, by 4 votes to 1. Voting in favor, in addition to Moraes himself, were ministers Flávio Dino, Cármen Lúcia and Cristiano Zanin. Minister Luiz Fux was the only one to dissent, as he did not see any risk of the former president fleeing.