Bolsonaro’s defense told the Supreme Federal Court (STF) this Friday (22) that the former president did not request political asylum from Argentine President Javier Milei. The lawyers also denied that the former president intends to flee the country.
The statement was sent to the Supreme Court after Justice Alexandre de Moraes granted, on Wednesday (20), a 48-hour deadline for the lawyers to comment on the asylum document found by the Federal Police (PF) on Bolsonaro’s cell phone during a search and seizure conducted last month as part of the investigation into the United States sanctions against Brazil.
According to the PF, the document had been saved on the device since 2024.
According to the defense, the document was a “draft,” and the asylum request did not occur.
“The police authority evidently knows – as is well-known – that to justify a preventive arrest, there must be a contemporary fact. But even so, it only has one document, which it acknowledges is a mere old draft sent by a third party, plus the undeniable fact that the alleged request never materialized!” said the defense.
The lawyers also took the opportunity to request the revocation of Bolsonaro’s house arrest. “Having provided the requested clarifications, the defense requests reconsideration of the decision imposing house arrest, or if Your Excellency does not see fit, the urgent judgment of the regimental appeal filed by the defense on August 6,” argues the defense.
The defense also reiterated that the former president has always complied with the precautionary measures ordered by the STF, such as the prohibition from leaving the country and from using his social media accounts or those of third parties.
“The fact is that, draft or no draft, the former president did not flee. On the contrary, he obeyed all decisions issued by the Supreme Court, including the one prohibiting him from traveling abroad, responded to the filed complaint, attended all hearings, always respecting all orders,” said the lawyers.
Bolsonaro and his son, Deputy Eduardo Bolsonaro (PL-SP), were indicted by the PF in the inquiry into the US sanctions. After receiving the indictment report, Moraes sent the case to the Procuradoria-Geral da República (PGR).
It will be up to the agency to decide whether Bolsonaro and Eduardo will be charged before the STF.
Since the beginning of this month, Bolsonaro has been serving house arrest.
Braga Netto
Bolsonaro’s defense also addressed other accusations in the report in which the PF indicted the former president, such as the receipt of an SMS message from General Braga Netto, who was prohibited from contacting Bolsonaro.
For the lawyers, Bolsonaro did not respond to the message nor commit any illegality.
“The message was only received. No record of a response. No reaction whatsoever. No communication from the former president,” stated the defense.
Trump’s Lawyer
Regarding the request for guidance made by the former president to American lawyer Martin Luca, linked to President Donald Trump, to comment on the steep tariffs imposed on Brazilian exports, the defense said the message exchanges occurred before the precautionary measures were imposed on Bolsonaro.
“The American lawyer is not under investigation in any proceeding. And there is no prohibition on contact between the petitioner and the lawyer,” pointed out the defense.
Transfers
The defense also criticized the disclosure of Bolsonaro’s bank data. According to the investigations, the former president moved about R$ 30.5 million over a one-year period.
“The worst part is that a money transfer to his wife, from lawfully sourced funds, was announced, based on sources, as evidence of money laundering,” stated the lawyers.
Lawfare
Finally, Bolsonaro’s lawyers accused the Federal Police of engaging in lawfare, a legal theory concerning the use of maneuvers to harm an investigated individual. The theory was popularized in Brazil by Cristiano Zanin, former lawyer for President Luiz Inácio Lula da Silva and current STF justice.
“The Federal Police report is astonishing. It reads like a political piece aimed at discrediting a former President of the Republic – whether the police authorities like it or not, he remains a political leader – by exposing his private life and accusing him of facts as serious as they are baseless,” the lawyers conclude.
Source: Agência Brasil