Bolsonaro may still try to reverse ineligibility; know how

Former President Jair Bolsonaro (PL) can still appeal to the Superior Electoral Court (TSE) and also to the Federal Supreme Court (STF) against the decision that made him ineligible for eight years. In addition, Bolsonaro’s defense has the support of approximately 70 parliamentarians in the Chamber of Deputies to try to approve the so-called “Amnesty PL”, a bill that seeks to benefit perpetrators of electoral civil offenses or those declared ineligible as of 02 October 2016.

Federal deputy Ubiratan Sanderson (PL-RS), author of one of the projects on the subject, stated that the measure, if approved, would avoid “an injustice with someone who in two elections had 120 million votes and is being silenced even without have committed any crime”.

The proposal was filed in the Chamber shortly after the declaration of Bolsonaro’s ineligibility and has the support of deputies who are part of the base of President Luiz Inácio Lula da Silva (PT). One of them is Rodrigo Valadares (União-SE), who is also a co-author of the project. “We are going to take this case to the Plenary, and, in a democratic way, we will decide. A political decision, merely revanchist, removed the biggest political rival of the current government. and silenced more than 58 million Brazilians”.

According to the terms of the “PL of Amnesty”, the benefit to those convicted of an electoral civil offense does not reach those involved in cases of administrative impropriety, corruption, illicit enrichment and drug trafficking, among other crimes.

Bolsonaro was considered ineligible by the TSE in the judgment of an Electoral Judicial Investigation Action (Aije) proposed by the PDT, which accused him of using a meeting with ambassadors, in July last year, to disseminate information about the safety of electronic voting machines considered incorrect by the Electoral Justice, and also to use official media vehicles to publicize them.

Parliamentarians who support the “PL da Amnesty” consider approving the urgency of the proposal, taking it straight to the plenary for analysis, without the need to go through the committees of the Chamber. However, time could be a “difficulty” for the process, since in the next few days the agenda is reserved only for voting on economic matters, and Congress will enter a parliamentary recess in the second half of July.

In addition to Sanderson’s proposal, deputy Bibo Nunes (PL-RS), together with other parliamentarians, must present a proposal to reduce the period of ineligibility to two years. In this scenario, Bolsonaro could contest the 2026 elections. Currently, the ineligibility sanction established by law is eight years.

Possible appeals against the ineligibility decision

After the judgment of the action that ended with the declaration of ineligibility, Jair Bolsonaro’s defense lawyer, Tarcísio Vieira de Carvalho, told journalists that he received the decision of the Electoral Court with “great respect” and that he would wait for the publication of the judgment to analyze future steps in the process.

At the TSE, the appeal must be a declaration embargo to clarify points of the decision. Subsequently, the defense must also submit appeals to the Federal Supreme Court (STF).

TCU may extend the period of ineligibility

The TSE must send the Federal Audit Court (TCU) a representation about the same meeting between Bolsonaro and the ambassadors, an event that led to the complaint that culminated in his ineligibility. Thus, the TCU will open an accountability process to investigate the former president, which may increase the period in which Bolsonaro will be ineligible.

If convicted by the TCU, the penalty, which has been valid by the TSE since October 2022, would start counting from the end of the analysis of the appeals, which could mean that the former president cannot run for elected office until 2031.

The TCU defined this Tuesday (4) that Minister Jhonathan de Jesus will be the rapporteur of the action that may increase the time of ineligibility of the former president. The representation was filed by the deputy attorney general Lucas Rocha Furtado. The Public Ministry with the TCU asked the Court to investigate the damage to the treasury involving the meeting with ambassadors held by Bolsonaro last year.

The president of the TCU, Minister Bruno Dantas, stated that he has not yet received notification from the TSE with last week’s decision.

Bolsonaro says he is in the “ICU”, but he is not dead yet

In an interview given to Young pan this Monday (03), Bolsonaro was asked who he would support in the next presidential elections after being declared ineligible. The former president avoided declaring who will have his support in 2026, but cited names as positive leaders, such as the governor of São Paulo, Tarcísio de Freitas (Republicans), highlighting him as leader of the largest Brazilian state, and Romeu Zema ( Novo), who governs Minas Gerais.

He said, however, that he still doesn’t have a name in Brazil “to do what I did”. “Other good names have appeared, but they still don’t have that stamp to say to all of Brazil: ‘we are together for 2026’”, he declared.

In the interview, Bolsonaro also said that he believes he will not be arrested and criticized the acts of vandalism to the buildings of the Three Powers on January 8. “The right is aware of what happened over the course of four years and has learned a lot. It wasn’t the people who were camped who did this break-up, José Múcio’s own word [ministro da Defesa de Lula].

Project can benefit Deltan Dallagnol

If approved, the bill providing for the amnesty would also benefit former deputy Deltan Dallagnol (Podemos-PR), who lost his candidacy registration in May after the TSE considered that the former coordinator of Operation Lava Jato asked for resignation from office. Federal Public Prosecutor’s Office (MPF) to avoid opening a Disciplinary Administrative Proceeding.

At the time of the impeachment, Dallagnol said that the court created an “imaginary ineligibility” to impeach him, and that he was the victim of persecution for having fought corruption in Brazil.