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Former President Jair Bolsonaro on the way to being summoned: Application of constitutional confidentiality

Photo: Adriano Machado / REUTERS

Brazil's former president Jair Bolsonaro is facing allegations of an alleged coup after the last presidential election.

Now he was summoned to testify at the federal police headquarters in the capital Brasília - and refused to testify.

This silence is not just the application of constitutional secrecy, "but a strategy based on the fact that the defense did not have access to all the elements accusing the president of committing certain crimes," said Bolsonaro's lawyer Paulo Bueno.

The right-wing Bolsonaro was defeated by the left-wing politician Luiz Inácio Lula da Silva in the runoff election for the presidency in October 2022.

On January 8, 2023, supporters of the ex-military who did not want to recognize Lula's election victory stormed Congress, the seat of government and the Supreme Court in Brasília and caused considerable damage.

The police launched a large-scale operation two weeks ago, executing search warrants and arrest warrants as well as preventative measures such as confiscating passports in several states.

The investigations were directed against a criminal organization that sought a coup and the abolition of the democratic constitutional state, it was said.

“Ordering the coup dynamics from the top of the government”

In addition to Bolsonaro, who ruled Brazil as president from 2019 to the end of 2022, the targets of the operation were also other former top officials and political allies.

According to the news portal "G1", the former defense and justice ministers as well as advisors and military personnel were also summoned during Bolsonaro's term in office.

Bolsonaro's defense had requested access to the investigation files.

According to the “G1” portal, Judge Alexandre de Moraes of the Supreme Court (STF) approved access to the operation’s search warrants.

Moraes, however, rejected the requested access to digital media such as telephones or computers, which the ex-president's lawyers demanded in order to "ensure equality of arms in the investigation process."

This prevented the defense from having "a minimum level of knowledge" about why the ex-president was summoned to testify, his lawyer said.

As soon as this access is guaranteed, Bolsonaro will not refrain from testifying.

The evidence on which the investigation is based includes the recording of a meeting in July 2022 with Bolsonaro, ministers and military officials.

The exchange of conversations “clearly shows the ordering of the coup dynamics from the top of the government,” Judge Moraes said, according to “CNN Brasil.”

Bolsonaro has rejected the allegations and called on his supporters to hold a large demonstration this Sunday in the city of São Paulo to "defend" themselves.

It should be a “peaceful event” – “in defense of our constitutional state.”

mrc/dpa