Bolsonaro in the Crosshairs of Brazil’s Top Court: A Quick Guide
Bolsonaro in the Crosshairs of Brazil’s Top Court: A Quick Guide
(Bloomberg) -- Brazil Supreme Court Judge Celso de Mello authorized federal prosecutors to open a probe into accusations that President Jair Bolsonaro tried to interfere in federal police investigations.
The allegations were made by former Justice Minister Sergio Moro during a speech before resigning from his post last Friday. The opening of the probe could be the first step on a path to Bolsonaro’s removal from office if investigators, lawmakers and Supreme Court justices find the claims to be credible.
Here is a quick guide on how this process could unfold.
1. The Allegations
Moro said on April 24 that Bolsonaro removed the head of the federal police in order to fill that post with someone who could feed him information about ongoing probes. In theory, that could include investigations involving Bolsonaro’s own sons. Hours after Moro’s statements, the federal prosecutor’s office asked the Supreme Court for permission to pursue those allegations. Under Brazilian law, only the Supreme Court can allow the federal prosecutor’s office to investigate the president.
Prosecutors requested the power to examine whether Bolsonaro committed three crimes: coercion, for attempting to use his position to pressure his cabinet members to act on his personal behalf; identity theft, since Moro said he never signed the document approving the firing of the federal police chief, even though his signature appeared in the Official Gazette; and corruption, for trying to interfere in the operation of the federal police for personal motive.
Bolsonaro has refuted the accusations by saying they are unfounded. In remarks made on Friday, he said he was surprised and disappointed by the former judge.
2. The Investigation
Federal prosecutors are free to start their work by obtaining an official statement from Moro, speaking with witnesses and exploring evidence. The probe has no fixed time frame. If investigators find no evidence of wrongdoing, they can ask Supreme Court to shelve the case. However, if they determine that there is proof of criminal behavior, they will charge the president.
3. The Trial
Once a president is formally charged with a crime by the federal prosecutors, the Supreme Court sends the case to the lower house of Congress, where legislators decide whether the president can be put on trial. The case must first pass through the Justice and Constitution Committee before being put to a floor vote. At that point, two-thirds - or 342 of 513 deputies - must vote to allow the Supreme Court to try the president. In that case, Bolsonaro would be suspended from office for the duration of the trial, and the vice president would assume his post on an interim basis.
The Supreme Court would then have six months to rule on the case. If they can’t rule in that period, or if the president is declared innocent by a majority of the 11 justices, he will resume his mandate. If Bolsonaro is found guilty, he would be stripped of his office, lose political rights and, depending on the decision, he could face criminal charges and even prison. The vice president, in that case, would become president.
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