Minister André Mendonça requested a review and suspended, on Wednesday (22), the judgment at the STF (Supremo Tribunal Federal) regarding the potential conviction of former Deputy Eduardo Bolsonaro (PL-SP) for defamation against Deputy Tabata Amaral (PSB-SP).
Current Status of the Judgment
The case had been under analysis in the virtual plenary since last Friday (18). Prior to the suspension by Minister Mendonça, the court had reached a 4-0 vote in favor of conviction.
The ministers who voted for the conviction include the relator, Alexandre de Moraes, as well as Flávio Dino, Cristiano Zanin, and Cármen Lúcia.
Origins of the Defamation Case
The legal battle began in 2021 when Tabata Amaral filed a criminal complaint against Eduardo Bolsonaro. The action stemmed from social media posts made by the former deputy regarding a bill authored by Amaral.
The bill focused on the distribution of sanitary pads in public spaces. Eduardo Bolsonaro claimed the legislation appeared to be designed to serve the lobby of a hygiene products company, specifically associating the project with the businessman Jorge Paulo Lemann and the company P&G.
Proposed Penalties and Legal Stakes
Minister Alexandre de Moraes, the first to vote on Friday (17), argued that the former deputy committed the crime of defamation by publishing content that damaged Tabata Amaral’s reputation.
In his ruling, Moraes fixed a penalty of one year of detention in an initial open regime, accompanied by a fine. He noted that given that Eduardo Bolsonaro is currently residing in the United States—described as being in an “uncertain and unknown location”—the prison sentence could not be replaced by restrictive rights penalties.
What Happens Next
Following the request for review, Minister André Mendonça now has a window of up to 90 days to return the case to the collegiate body for a final decision.
Depending on the review, the court may either maintain the current 4-0 trajectory toward conviction or consider fresh arguments that could potentially alter the outcome or the nature of the penalties.
Frequently Asked Questions
Why was the STF judgment suspended?
The judgment was suspended because Minister André Mendonça requested a “vista,” which is a formal request to review the case files before casting his vote.
What is the current vote count in the case?
Before the suspension, the score stood at 4 votes to 0 in favor of convicting Eduardo Bolsonaro, with votes from ministers Alexandre de Moraes, Flávio Dino, Cristiano Zanin, and Cármen Lúcia.
What penalty is being proposed for Eduardo Bolsonaro?
Relator Alexandre de Moraes proposed a penalty of one year of detention in an initial open regime plus a fine.
How do you view the impact of social media posts on legal proceedings involving public figures?
