Bolsonaro could also face charges in military courts, says constitutional expert.
There is already a legal representation being made to have Bolsonaro, a reserve captain in the Army, held accountable for military crimes.
By Ian Reis and Rodrigo Viana, Brazil of Fact - The Federal Police (PF) indicted Jair Bolsonaro and federal deputy Eduardo Bolsonaro (PL-SP) for coercion during the course of the process and attempted abolition of the Democratic Rule of Law. The indictment comes less than two weeks before the start of the trial of the first core of the coup plot in the Supreme Federal Court (STF).
According to constitutional lawyer Damares Medina, the exchange of messages found on the former president's cell phone proves that there is a "conspiracy to coerce the Brazilian justice system," which could result in a new criminal case, including in the Military Justice system.
“Based on the content of these messages, a new inquiry has been opened that could result in a new indictment and a new criminal action, now for the crimes of obstruction of justice and attempted attack on the Democratic Rule of Law. If the former president was already under precautionary measures and continued to commit these crimes, in fact, there is even the possibility that Minister Alexandre de Moraes will escalate these restrictions,” he assessed during the BdF Interview, on Rádio Brasil de Fato, this Friday (22).
According to Damares, the new information released by the Federal Police provides sufficient evidence and grounds for a military investigation. There is already a legal representation filed by a lawyer requesting that Bolsonaro, a reserve captain in the Army, be held accountable for military crimes.
“Now the possibility opens up to investigate a reserve captain, a former president of the Republic who still receives subsidies from the office he held, still has personal security, at least six employees at his disposal for having been president, all paid for by the Union. Based on this evidence, in my view, there is the possibility of initiating investigations within the military sphere into crimes of conspiracy and treason against the homeland,” he assesses.
The lawyer points out that the impediment to Bolsonaro facing trial in military court was the lack of a conviction by the Supreme Federal Court. However, the new findings by the Federal Police alter this scenario.
“Minister Elizabeth Rocha, of the Superior Military Court (STM), has already commented on this possibility. Any eventual accountability in the military sphere would depend on a conviction in the Supreme Court. However, with the release of these messages, there is new evidence that provides independence for a military investigation, no longer limited to the proceedings underway in the Supreme Court.”
During the podcast, Damares also highlighted that the asylum request to Argentina, found by the Federal Police among Bolsonaro's documents, is sufficient reason for adopting new precautionary measures.
“Jair Bolsonaro himself gave interviews saying that if he had a passport, he would leave Brazil himself. Political allies, such as congresswoman Carla Zambelli, are already fugitives. So, it's a pattern that repeats itself. The crime of obstruction of justice, the attempt to prevent the execution of a sentence, is defined in the Penal Code and can, in fact, give rise to an escalation of these precautionary measures,” he states.
Possible arrest of Bolsonaro
The lawyer believes that the maximum deadline for the former president's sentence to be handed down is October, if there are no requests for review during the trial. "If the schedule is followed and there are no other unforeseen events, by the end of September, this sentence will possibly already be handed down by the first panel – a judgment, in fact, because it is a collegial decision of all the ministers – and by October we can expect a final and unappealable judgment regarding case 2668 and the possible commencement of imprisonment in a closed regime."
According to Damares, however, it is unlikely that Bolsonaro will be sent to prison. "Given the current circumstances, in which the former president is already under house arrest, it is unlikely that this regime will be reversed to confinement in a prison institution. The possibility is that this sentence in a closed regime will be served under house arrest," she concludes.
