Brazil’s top court backs putting Bolsonaro’s son on trial over obstruction charges

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SAO PAULO (AP) — Judges on Brazil 's Supreme Court voted Friday to put one of the sons of former President Jair Bolsonaro on trial on charges of obstructing justice in connection with his father’s attempted coup case.

Justices Flávio Dino and Cristiano Zanin joined colleague Alexandre de Moraes — who has been appointed to gather preliminary information in the case — in accepting an indictment by prosecutors alleging that Eduardo Bolsonaro used violence or serious threats to interfere with a legal proceeding.

If convicted, he could face one to four years in prison and a fine.

Prosecutors said that Eduardo Bolsonaro tried to interfere in his father's trial by urging foreign governments to pressure Brazilian officials, including with threats against the country's economy.

Eduardo Bolsonaro, a lawmaker now in self-exile in the United States, called the charges against him baseless and described them as political persecution.

A majority of three justices is needed for the trial against Eduardo Bolsonaro to go forward, and Friday's vote on a five-member panel of the Supreme Court means he is virtually assured of going on trial, at least in absentia. Technically, however, the voting remains open until Nov. 25 and any justice could change their vote before then, though that would be highly unusual.

Jair Bolsonaro was convicted in September of attempting a coup following his 2022 electoral defeat and was sentenced to 27 years and three months in prison. He has been under house arrest since August.

In July, U.S. President Donald Trump ordered a 50% tariff on Brazilian imported goods and cited in part the former president’s case, which he called a “witch hunt.”

The U.S. government also sanctioned de Moraes, who oversees the criminal case against Bolsonaro, under the Global Magnitsky Human Rights Accountability Act, which targets perpetrators of human rights abuse and corrupt officials. De Moraes’ wife and other Brazilian officials were also sanctioned or had their visas revoked.

De Moraes wrote that Eduardo Bolsonaro’s actions posed a “serious threat” to Brazil,“through coordination and the imposition of sanctions by the U.S. government, including export tariffs on Brazil, suspension of entry visas for several Brazilian officials and application of the Magnitsky Act to this justice.”

Eduardo Bolsonaro has acknowledged seeking U.S. government support for his father. In private messages obtained by police, he told his father that Trump’s pressure was his only chance to avoid prison.

However, he disputes that any of the Trump administration's actions mean that he can be charged with coercion to obstruct justice in Brazil.

“The crime of coercion requires two elements: an instrument available to the alleged perpetrator + an illegal tool. Tariffs and the application of the Magnitsky Act are neither at my disposal nor illegal,” Eduardo Bolsonaro said Friday on X.

Last week, the court panel unanimously rejected Jair Bolsonaro’s appeals seeking to reduce his sentence. He will begin serving time once all appeals are exhausted.

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