Can Bolsonaro be treated as a fugitive if he leaves Brazil?published at 22:57 GMT
22:57 GMT
Criminal law experts consulted by BBC Brasil say the senator could only be considered a fugitive if an arrest warrant – specifically, an order for preventive detention – had been issued against him.
Brazilian police say his passports were cancelled after he failed to comply with a Supreme Court order to surrender them.
Justice Alexandre de Moraes’s issued the order as part of an investigation into accusations of money laundering involving Bolsonaro, which he denies.
“A fugitive is someone against whom an arrest warrant has been issued and who fails to surrender for its execution,” says Gustavo Badaró, a criminal law expert and tenured professor of Criminal Procedure at the University of São Paulo (USP). “What Flávio faces is a ban on leaving the country – enforced by the requirement to surrender his passports,”
“It is possible that, as a result of this non-compliance, his preventive detention could be requested and subsequently ordered by Justice Alexandre de Moraes. In that scenario – if an arrest warrant is issued – he could then be considered a fugitive,” he adds.
Davi Tangerino, a professor at the Rio de Janeiro State University (UERJ), agrees.
“As long as there is no arrest warrant, we cannot call him a fugitive,” says Tangerino. “For now, all he has done is fail to comply with a precautionary measure – specifically, the requirement to surrender his passport.”
However, failing to comply with the court order may constitute disobedience under Article 330 of Brazil’s Penal Code, an offence punishable by 15 days to six months’ detention and a fine.