Brazil's Supreme Court to Hear Defamation Case Against Former President Bolsonaro

In a significant development for Brazilian jurisprudence, the Supreme Federal Court (STF) has unanimously recognized its authority to process and judge a criminal complaint filed by Federal Prosecutor Monique Cheker Mendes against former President Jair Bolsonaro. The case stems from remarks made by Bolsonaro in January 2022, during an interview on the Jovem Pan network, where he accused Mendes of "forging evidence" in an investigation concerning alleged environmental crimes committed in 2012.

Initially, in March 2023, the case was forwarded to the Federal Justice system, as Bolsonaro no longer held presidential immunity after leaving office. However, the Federal Public Ministry appealed this decision, arguing that the STF's own legal interpretations had evolved regarding the application of privileged jurisdiction. This appeal led to a re-evaluation by the court.

Minister Cármen Lúcia, the rapporteur for the case, revised her earlier stance. She cited a March 2025 STF Plenary decision that established the principle that the privilege of jurisdiction for crimes committed in office should persist even after the official leaves their post, provided the investigation or legal action began during their tenure. This jurisprudential shift was key to the First Panel's decision to assert jurisdiction. The court has now ordered both Mendes and Bolsonaro to be notified regarding their potential interest in a conciliation hearing, signaling a move towards resolving the defamation claim.

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to forge evidence