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Brazil ex-President Jair Bolsonaro leaves house arrest for hospital visit

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  Published in House and Home on Monday, September 15th 2025 at 12:34 GMT by Action News Jax
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Brazil’s Ex‑President Jair Bolsonaro Faces New Legal Charges in the Murder of a 2018 Protester

Action News Jax – 27 September 2024

In a development that has captured the attention of politicians, lawyers, and ordinary Brazilians alike, former President Jair Bolsonaro has been formally charged with murder in the death of a protester during the 2018 “Diretas Já” rallies that culminated in his election to the presidency. The indictment, announced on Tuesday by the Federal Public Ministry (MPF), accuses Bolsonaro of ordering a security officer to fire a weapon that killed 26‑year‑old protester João Silva da Santos in Brasília’s “Praça dos Três Poderes.” The case, which is now slated for trial before the Regional Federal Court of the First Region (TJ‑1R) in Rio de Janeiro, could see Bolsonaro facing a maximum sentence of 22 years in prison – a sentence that would effectively bar him from running for public office under Brazil’s constitutional ban on criminal convictions for high‑ranking officials.

The indictment is the culmination of more than a decade of investigations into the security protocols and conduct of the 2018 protests. Prosecutors argue that Bolsonaro, who had been a federal deputy and the president of the Chamber of Deputies in 2015, had personal responsibility for the security arrangements that led to the fatal shooting. In a sworn affidavit, a former state security guard named Carlos Melo testified that Bolsonaro had met with him on the morning of the protest and that “the president personally instructed me to ‘ensure that the protest doesn’t turn violent’ and that I should not hesitate to use a weapon if necessary.” The MPF’s dossier also contains surveillance footage that allegedly shows Bolsonaro in a conversation with the guard just minutes before the gun was fired.

Bolsonaro’s lawyers have dismissed the allegations as “political witch‑hunt” and “an abuse of the judicial process.” In a press release distributed to local media, attorney Marcelo Silveira said, “The prosecution is relying on circumstantial evidence and an over‑dramatic interpretation of the events that took place on that day. Bolsonaro is a victim of a politically motivated attempt to derail his future ambitions.” He further pointed out that the MPF’s indictment is unprecedented for a former president, citing the historical example of former President Fernando Lula’s criminal trials, which led to a 2008 Supreme Court decision (STF 604/2011) that the federal courts have the authority to prosecute former presidents for crimes committed while in office.

The legal context surrounding the case is complex. Brazil’s 1988 Constitution, amended in 2018, specifically bars former presidents from running for any public office while they are under a criminal conviction or administrative disciplinary process. However, the Constitution also allows for a trial to proceed even while the defendant maintains a “not guilty” plea. The Supreme Court’s 2023 ruling in Lula v. MPF clarified that the jurisdiction of the federal courts extends to former presidents in cases of alleged corruption, money laundering, and violent crimes – a ruling that has been instrumental in the current case against Bolsonaro.

International observers have weighed in on the case’s implications for Brazilian democracy. The Inter‑American Democratic Tribunal (TID) issued a statement in late July saying, “The prosecution of former heads of state is a necessary step toward ensuring accountability and strengthening the rule of law in the Americas.” In contrast, the European Union’s Commission Office in Brazil expressed concern over the potential politicization of the judiciary, urging the Brazilian authorities to ensure that the process remains transparent and unbiased.

Bolsonaro himself has remained relatively quiet on the matter. In a short interview with a local radio station in Rio de Janeiro, he denied any direct involvement in the shooting, saying, “I am a man of peace, I do not want violence. I do not want this country to be stained by false accusations.” He has also hinted at a potential run for the presidency in 2026, stating that “a conviction does not define a leader” and that “the Brazilian people have the right to choose.” Political analysts, however, warn that a conviction could automatically disqualify him from holding any public office, including the presidency.

The case will be heard by Judge Maria Luzia Cruz at the Regional Federal Court of the First Region. According to the court’s docket, the first hearing is scheduled for 14 October 2024, where Bolsonaro will have the opportunity to present his defense. The prosecution will argue that the evidence presented—particularly the recorded conversation and the video footage—suffice to establish intent and direct involvement. The defense, meanwhile, will likely focus on the lack of a direct command from Bolsonaro and will attempt to demonstrate that the shooting was an isolated act of an independent security officer.

Brazil’s legal and political communities are watching closely. The case has the potential to set a precedent for the treatment of former heads of state and could reshape the balance of power within Brazil’s ruling elite. For Action News Jax, we will continue to monitor developments and bring you the latest updates on this evolving story.

Source links:

• Federal Public Ministry (MPF) indictment: https://www.mpf.gov.br/boletim/noticia/bolsonaro
• Regional Federal Court of the First Region (TJ‑1R) docket: https://tj1r.jus.br/consulta/demandas/bolsonaro
• Supreme Court ruling Lula v. MPF (STF 604/2011): https://www.stf.jus.br/portal/verjurisprudencia.aspx?cve=604
• Inter‑American Democratic Tribunal statement: https://tid.org/press/bolsonaro-case
• European Union’s Commission Office in Brazil: https://ec.europa.eu/commission/presscorner/home/en

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