Analysis: Eduardo Bolsonaro's trial attracts pressure on the STF

The STF (Supreme Federal Court) began, this Tuesday (16), the trial of former deputy Eduardo Bolsonaro (PL) by the First Panel of the Court. CNN Politics analyst Clarissa Oliveira assesses, to Backstage CNN, that the trial brings pressure on the STF.

The PGR (Attorney General's Office) accuses Eduardo, who resides in the United States, of having worked with American authorities to impose tariff measures against Brazil.

How the trial will be conducted
The trial opened with the reading of the report by the reporting minister, Alexandre de Moraes. Afterwards, the PGR had one hour to comment on the case. Eduardo Bolsonaro's (PL) defense is represented by the DPU (Union Public Defender's Office), as he did not choose a private lawyer.

The Federal Public Defender's Office tried to postpone the trial and requested that another STF minister be summoned to compose the First Panel, which currently has only four ministers - Alexandre de Moraes, Flávio Dino, Carmen Lúcia and Cristiano Zanin -, with one vacant seat. The allegation was that the incomplete composition could prejudice the judging by generating a possible draw.

All these requests were denied by Alexandre de Moraes, who kept the trial for this Tuesday afternoon (16) and preserved the current composition of the class. Moraes argued that, in the event of a tie, the decision most favorable to the defendant prevails, which would not harm the accused.

Accusation and possible consequences
According to the PGR, Eduardo's objective would have been to prevent the conviction of former president Jair Bolsonaro (PL) as part of the so-called coup plot. The crime of coercion during the judicial process occurs when there is use of violence or serious threat to favor one's own interest or that of others against an authority involved in the case. The expected penalty can be up to four years in prison.

If convicted, Eduardo Bolsonaro (PL), who is in the United States, could still be ineligible. There is also the possibility that the Brazilian government may request his extradition, although the United States has a history of denying requests of this nature when they do not recognize the act as a crime in its legal classification.

Behind the scenes at the STF, the expectation is that the Americans consider that the case does not meet their definition of a crime, which could allow Eduardo to remain in the United States indefinitely.

Political impact on Flávio Bolsonaro's campaign
According to CNN Politics analyst Clarissa Oliveira, the trial generates concern behind the scenes of Flávio Bolsonaro's (PL) campaign. For close allies, the possible political benefits of Eduardo Bolsonaro (PL) in keeping the most right-wing militancy engaged do not offset the harm of a possible conviction, which would represent an additional negative fact for the PL's pre-candidacy for the presidency of the Republic.

Clarissa Oliveira highlighted that the concern about the so-called "Eduardo factor" within Flávio's campaign is not recent and is not restricted to this trial. According to the analyst, a source reported a direct conversation with Flávio himself in which the political risk of Eduardo's active participation in the campaign was discussed.

The episode would have occurred around the time when Flávio declared that he would like to have his brother as chancellor in a possible government. At the time, it was considered that such a statement could attract negative repercussions among the independent electorate, considered strategic in defining the election.

Flávio himself would have recognized that he was in a delicate situation regarding the matter.

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Source: CNN