STF convicts Eduardo Bolsonaro for defaming Tabata Amaral

The Supremo Tribunal Federal (STF) convicted the former federal deputy Eduardo Bolsonaro for the crime of defamation against the deputy Tabata Amaral (PSB-SP). The decision was confirmed late on Friday (25), in a virtual trial. The final score was 7 votes to 3 for the condemnation, with the majority following the vote of the rapporteur, minister Alexandre de Moraes.

Tabata filed a criminal case after Eduardo’s statements, according to the prosecution, imputed to her the drafting of a bill with the aim of illicitly financing a businessman who would have supported her campaign. The case was filed in STF because, at the time of the facts, Eduardo was a federal deputy and had a privileged forum.

Understand the rapporteur's vote

The criminal prosecution’s rapporteur, Minister Alexandre de Moraes, concluded that the statements impute to the deputy “an offensive fact to her reputation”, which would be “the drafting of a law with the aim of illicitly financing a third party interested (businessman who would have financed the campaign of the plaintiff)”. For Moraes, however, the case would extrapolate the performance of the legislative function, which would not be covered by parliamentary immunity.

The magistrate also proposed, in his vote, that detention could not be replaced by a restrictive penalty of rights. The argument is that Eduardo would be in an uncertain and unknown location, due to his permanence in the Estados Unidos, which would prevent the application of the substitution at that time. The exact penalty was not detailed in the decision.

Majority accompanied Moraes

Ministers Carmen Lúcia, Flávio Dino, Cristiano Zanin, Dias Toffoli and Gilmar Mendes followed the rapporteur's vote. With this, a majority was formed for the condemnation and the impossibility of replacing the deprivation of liberty by restrictive of rights, at least at this procedural moment.

Minister Edson Fachin agreed with the conclusion that there was a crime of defamation, but disagreed on the impossibility of an alternative sentence. For Fachin, the substitution could be evaluated at another time, without prejudice to the conviction. The source did not detail the specific grounds for this divergence.

Divergence for absolution

André Mendonça voted for Eduardo’s acquittal because it considers that Eduardo’s demonstrations are covered by the parliamentary immunity provided for in the Constitution, “a circumstance that prevents his criminal accountability for the words uttered in the context examined”. Luiz Fux and Nunes Marques followed the vote of Mendonça.

The same divergence had already appeared in 2023, when the Supreme Court decided whether to receive Tabata’s criminal complaint. At the time, Mendonça, Fux and Nunes Marques already defended the incidence of immunity, while Moraes and the majority understood that she did not reach the demonstrations of the then deputy.

Repercussions and next steps

With the conviction, Eduardo Bolsonaro becomes the defendant convicted in criminal proceedings. The defence can still appeal the decision, but the STF has not detailed the deadlines or the possibilities of appeal. The source did not detail whether the sentence will be executed immediately or whether there will be awaiting transit on trial.

The case rekindles the debate on the limits of parliamentary immunity and the accountability of political actors for statements made outside the exercise of the mandate. The decision may also influence other similar proceedings before the Court.

For the reader of Ponta Grossa and region, the trial illustrates how STF has dealt with cases of conflict between freedom of expression and protection of honor, a subject of national interest. The Boca no Trombone Portal keeps track of the developments and will bring new information as it becomes available.

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