STF condemns Eduardo for coercion; find out the next steps in the process

The First Panel of the STF (Supreme Federal Court) unanimously condemned, this Tuesday (16), former federal deputy Eduardo Bolsonaro (PL-SP) for the crime of coercion during the course of the process. The ministers concluded that the parliamentarian acted to interfere in the trial of the criminal case in which his father, former president Jair Bolsonaro (PL), was convicted of an attempted coup d'état.

The panel set the penalty at 4 years and 2 months in prison, in an initial semi-open regime, in addition to a 50-day fine, each worth two minimum wages, which totals approximately R$ 162 thousand.

The ministers also declared Eduardo's ineligibility, from the date of conviction until 8 years after serving his sentence, and determined the loss of his position as clerk of the Federal Police.

With the conviction, the next step will be the publication of the ruling and the opening of the deadline for appeals to the STF itself, especially embargoes for clarification.

Only after the final judgment, when there are no more pending appeals, will the Court be able to begin executing the sentence. As Eduardo is in the United States, a possible arrest will depend on international cooperation mechanisms.

According to criminal lawyer Guilherme Augusto Mota, the Brazilian conviction "is not automatically carried out in American territory".

He states that the STF may order the arrest of the former deputy and activate international cooperation instruments, including a possible red diffusion from Interpol, but the physical handover of Eduardo to the Brazilian authorities will depend on a decision by the United States.

"Brazil will be able to formally request extradition from the American authorities, based on the bilateral treaty between the two countries. This request will be analyzed in the United States, first under legal criteria, such as double typicality and regularity of the process, and then also under political-administrative scrutiny", he told CNN Brasil.

For the expert, the defense must question procedural points, such as the notification and summons of Eduardo Bolsonaro, in addition to eventually supporting the existence of political motivation in the case. The Brazilian State, in turn, must defend that this is a common crime, coercion during the process, and not political persecution.

"In summary, the conviction paves the way for the execution of the sentence, but, while he is in the United States, the case necessarily passes through the filter of international cooperation and possible extradition", he concludes.

Sentence is "null", says Eduardo
After being convicted, the former deputy said that any sentence against him is "null" and reiterated that he was not officially notified about the process.

"The real objective of this pointless trial is just one: to remove my name from the elections", wrote the former deputy. In a note, Eduardo also criticized the rapporteur of the STF case, minister Alexandre de Moraes, saying that the magistrate is "victim and judge of the same case" once again.

"I am aware of the facts from the newspapers, and knowing the accusation through reporting does not replace the citation provided for by law and in international agreements to which Brazil is a signatory. Moraes may not like it, but he cannot choose when to follow them. Once again, he is a victim and a judge in the same case, and that is why Brazil is repeatedly shamed internationally", he pointed out.

First Panel of the STF forms majority to convict Eduardo Bolsonaro | CNN 360º

Source: CNN