The National Court rejects Brazil extraditing a Bolsonarista claimed by coup | Spain

The National Court has refused to give Brazil to the Bolsonarist Oswaldo Eustaquio Filho, claimed for participating in the alleged conspiracy led by former president Jair Messias Bolsonaro To give a coup against his successor, Luiz Inacio Lula da Silva. The court considers that the actions that are charged to him, as his alleged involvement in a “campaign” to intimidate Federal Police agents, have an “obvious connection and political motivation”. And, as the magistrates add, the bilateral treaty between the two states contemplates that there will be no green light to extradition when the facts constitute “a political or related crime” – except if these are attacks against the heads of state and government, acts of terrorism or war crimes, against peace or the security of humanity, which can then be approved.

The decision of the hearing, which can still be appealed to the Plenary of the Criminal Chamber, insufflates a lot of air to Filho, 46, who rejected his delivery to his native country During extradition view held on April 3. In that session, the activist insisted that he has never committed « any crime » and suffers a « political persecution. » « I arrived in Spain in 2023 and asked for asylum for a very violent political persecution against me, my children and my ex -partner, who is in Brazil. I am a persecuted politician. If I am returned, I will be tortured. I was beaten in jail, » said the claimed, who defines himself as « writer » and « investigative journalist. »

Throughout their resolution, of 11 pages, the magistrates review the reasons that Brazil exposes to claim their delivery. The point of view of the South American authorities is far from that narrated by the activist. According to the Latin American State, in 2021, Filho published videos on social networks « to encourage the practice of anti -democratic acts favorable at the close of the Congress and the Supreme Federal Court (STF) », including the commitment to « violent acts » to achieve « the dismissal of 11 magistrates. » Bolsonaro, who still remained in the presidency at that time, then promoted a wave of mobilizations before the intense confrontation he maintained with the Judiciary, that investigated for spreading false news.

The Brazilian authorities add that in 2024, after Bolsonaro lost power, Filho “joined a campaign initiated with the objective of exposing the names, images and all possible data of the police” that investigate the cases on the coup open in the Supreme Federal Court, as well as those of their relatives, with the intention of “intimidating them” and “obstruct” the investigations. To do this, he adds the request for delivery, the Bolsonarista used the social networks of his minor children. For example, in a message, in addition to including the photo of an agent, it was said: « This is the commissioner who for years managed to remain anonymous, without photos on the Internet. He is responsible for arresting innocent patriots and making thousands of children cry for his parents. He has entered my room to accuse Bolsonaro. »

« From these publications, other profiles began to promote acts of exposure and intimidation (against this police), reaching the point of disseminating the same photo of their civil identity with the phrase ‘is sought’. Other profiles began to comment ‘alive or dead’ or even to spread other details about their relatives, such as the address of the commissioner’s brother, » collects the extradition request of Brazil, which remakes: « Also, as a result, as a result, as a result, » The commissioner dawned with a teddy monkey hanging from his rear window.

The audience interprets that these activities have « an obvious connection and political motivation, since they are carried out within the framework of a series of collective actions of partisan groups in Bolsonaro and opposition to the current President Lula ».

The Court thus justifies its resolution: “The context of political contest in which they develop – talled in our Criminal Code as less serious crimes; National Brazilian, incorporated in writing – constitute sufficiently founded reasons to believe that, if extradition is granted, there will be a high risk that the situation of the claimed can be aggravated because of their political opinions and their affiliation to a certain ideology. ”

However, although they denied it for that reason, the magistrates add that the publications in social networks against the commissioner exceed “the scope of the rights of freedom of expression and information”, as defended by the defense of Filho and the Prosecutor’s Office, which opposed their extradition when considering that the expressions attributed to the activist “would not constitute a crime” in Spain “being tested by freedom of expression”. For its part, the Court considers that the incitement to participate in the mobilizations of 2021 enter into “the exercise of fundamental rights of freedom of expression, information and demonstration”; since the « concrete acts of a violent or intimidating nature that were incited to support the dismissal initiative of the magistrates of the Federal Supreme Court » are not described.