A panel of Brazil's Supreme Federal Court (STF), the country's highest court, on Friday (18) unanimously rejected the appeal filed by the defense of former congressman Eduardo Bolsonaro against his conviction for coercion in the course of proceedings. He was convicted for trying to interfere with the trial of his father, former president Jair Bolsonaro, in the coup plot case. The rapporteur, Justice Alexandre de Moraes, was joined by Justices Flávio Dino, Cármen Lúcia and Cristiano Zanin in the panel's virtual session, according to G1 and CNN Brasil. Moraes had filed his vote a week earlier, arguing for the rejection of the appeal.
The conviction was handed down in June. Eduardo Bolsonaro was sentenced to 4 years and 2 months in prison, to be served initially in a semi-open regime, and ordered to pay a fine of R$ 162,000, equal to 50 day-fines set at two minimum wages each. He was also barred from running for office for 12 years and cannot be elected until 2038.
The case
According to the Attorney General's Office (PGR), Eduardo Bolsonaro lobbied the administration of U.S. President Donald Trump to push for retaliation against Supreme Court justices and against Brazil. The goal, prosecutors said, was to stop his father from being convicted in the coup plot case. Jair Bolsonaro was sentenced to more than 27 years in prison and is serving the sentence under house arrest. Eduardo Bolsonaro lost his congressional seat and remains in the United States.
Moraes rejected the defense's argument that the conduct was protected by free speech and congressional immunity. "It is not the function of a Brazilian federal congressman to lobby abroad against his own country. Even if he were in the exercise of his mandate and not on leave, even if he were in the exercise of it, he would not be covered by parliamentary immunity", Moraes said. According to CNN Brasil, the justice also said the disinformation taken to U.S. officials had concrete consequences for Brazil, among them the imposition of tariffs on Brazilian products.
Defense and next steps
Because Eduardo Bolsonaro did not hire a lawyer, his defense fell to federal public defender Esdras dos Santos Carvalho, of the DPU, Brazil's federal public defender's office. The office asked for an acquittal for lack of evidence and argued that the former congressman's statements were political speech protected by free expression. In its filings, the DPU also described the defense until then as "merely formal, produced without any contact with the defendant". Under Brazilian law, coercion in the course of proceedings occurs when someone uses violence or serious threat to favor a personal or third-party interest against anyone taking part in a judicial, police or administrative process.
"No relation to parliamentary activity, but threats aimed at keeping his father from being convicted", Moraes said in his vote. He added that Eduardo Bolsonaro has never said he changed his domicile to the United States: "He only said he will not return to Brazil for fear of answering for the crimes he committed." With Friday's decision, the conviction stands. The sentence is to begin in a semi-open regime, and the ban on running for office runs until 2038.