Brazil’s Supreme Court Draws a Line: Bolsonaro Faces Arrest Over Social Media Breach

SAO PAULO (Reuters) — Brazil’s Supreme Court has warned that it will order the arrest of former President Jair Bolsonaro unless his lawyers explain within 24 hours why he violated restrictions on his social media use, according to a decision revealed Monday evening.

Justice Alexandre de Moraes, who is overseeing the case in which Bolsonaro is accused of plotting a coup, issued the order summoning Bolsonaro’s legal team.

Bolsonaro’s attorneys did not immediately respond to requests for comment outside regular business hours.

On Friday, Moraes ordered Bolsonaro to wear an ankle monitor and banned him from using social media, among other measures. These restrictions were later upheld by a panel of judges amid allegations that Bolsonaro had sought interference from former U.S. Secretary of State Marco Rubio, who had linked new tariffs on Brazilian goods to what he called a witch hunt against Bolsonaro.

In a Reuters interview on Friday, Bolsonaro criticized Moraes’ decision to ban his use of social media as an act of cowardice, stating that he intended to continue engaging with the press to ensure that his voice was heard.

Moraes said on Monday that Bolsonaro breached the Supreme Court order when he spoke with journalists earlier that day following a meeting with allies in the Brazilian Congress.

This marked the first time Bolsonaro publicly displayed his ankle monitor, occurring just hours after Moraes clarified Friday’s ruling, which specified that Bolsonaro’s social media use, including interactions through third parties, was subject to the restrictions.

Moraes included screenshots of several social media posts, including those from news outlets, showing Bolsonaro wearing the electronic monitoring device while delivering a speech intended for digital platforms. Last week, U.S. Secretary of State Marco Rubio called Moraes’ court orders a political witch hunt, and on Friday he responded by demanding immediate visa revocations for Moraes, his judicial colleagues, and their immediate family members. The court’s crackdown on Bolsonaro adds to evidence that Trump’s tactics are backfiring in Brazil, further complicating matters for his ideological ally and rallying public support behind a defiant leftist government.

Hours before summoning Bolsonaro’s lawyers, Moraes issued a ruling that raised questions about whether the right-wing leader was permitted to speak with journalists.

“Clearly, the broadcasting, re-broadcasting, or dissemination of audio, video, or transcripts of interviews on any third-party social media platform is prohibited,” the judge stated in a clarification of Friday’s ruling.

This measure sparked debate in Brazil regarding the scope of the ruling.

On Monday, Bolsonaro canceled an interview with a news outlet that was scheduled to be broadcast live on social media.

“The prohibition is against him communicating on social media; it does not prevent third parties from discussing him, whether positively or negatively,” said Ivar Hartmann, a law professor at São Paulo’s Insper business school.

He added that, in his view, interviews are permissible as long as they are not intended to circumvent the legal restrictions, such as giving an interview to a supporter.

However, Vera Chemim, a constitutional lawyer based in São Paulo, expressed concern that the former leader is on shaky ground, noting that while interviews are not explicitly mentioned in the court order, they could still be used to justify Bolsonaro’s arrest.

“Bolsonaro is now completely silenced,” she said. “Any misstep could lead to preventive arrest.” The Supreme Court declined to comment or elaborate on the specifics of that decision.

A spokesperson for Bolsonaro also declined to comment, but the former president has consistently denied any wrongdoing.