The Brazilian Supreme Court has decided not to take former President Jair Bolsonaro into custody for now, despite his potential violation of a social media ban. Justice Alexandre de Moraes described the incident as “isolated” and opted against an arrest warrant, warning that future violations would culminate in his arrest.
De Moraes has overseen a case into whether Bolsonaro attempted a coup against the government of current President Luiz Inacio Lula da Silva, following his defeat in the 2022 presidential election. Bolsonaro has long denied orchestrating a scheme to retain power after his four-year term came to a close in 2023.
However, prosecutors have accused the former president and his allies of scheming to topple Lula’s incoming government by undermining confidence in the vote, declaring a state of emergency to suspend the government’s functions, and ultimately holding a new election.
In June, Bolsonaro testified for the first time in the case, forcefully rejecting the allegations against him: “There was never any talk of a coup.” Prosecutors, meanwhile, have pointed to testimony indicating that Bolsonaro had received and edited a draft from his allies for the declaration of emergency. They say Bolsonaro even had a speech prepared to announce the alleged coup.
Justice de Moraes imposed a suite of restrictions last Friday to cut off Bolsonaro’s interactions with foreign officials and curtail his movements. Bolsonaro’s passport had been confiscated, for fear he might be a flight risk. To prevent him from fleeing abroad, de Moraes ruled that Bolsonaro should be placed under house arrest on nights and weekends. In addition, the justice decided that Bolsonaro needed to wear an ankle monitor and cease posting to social media, in addition to severing contact with foreign governments.
“This is a symbol of the utmost humiliation,” Bolsonaro said of his ankle monitor. Despite the restrictions, Bolsonaro has made media appearances to show off his ankle monitor and blast the Supreme Court’s decisions, excerpts of which have been shared widely on social media.
The high-stakes trial has prompted a backlash from US President Donald Trump, who threatened to impose 50 percent tariffs on Brazilian imports to the US, starting on August 1, to force an end to the prosecution. In a letter announcing the tariffs, Trump called the proceedings “an international disgrace” and compared his myriad legal woes to Bolsonaro’s. “This trial should not be taking place,” Trump wrote. “It is a Witch Hunt that should end IMMEDIATELY!”
De Moraes cited international pressure as he imposed the restrictions on Bolsonaro, noting that Bolsonaro’s actions could have implications for Brazil’s relations with other countries. The justice clarified that Bolsonaro is not restricted from giving interviews to news outlets, but warned that any future violations of his restrictions would result in his arrest.