Former president under investigation in the jewelry case; Understand the crimes for which Bolsonaro was indicted and the next steps
The PF indicted the former president for the crimes of embezzlement, criminal association and money laundering related to the illegal sale of jewelry belonging to the Presidency of the Republic. If found guilty of all these crimes, Bolsonaro could be sentenced to a sentence ranging from 10 to 32 years in prison.
Bolsonaro is accused of misappropriating jewelry he received as a gift during his term as president - Photo Reproduction/Valter Campanato/Agência Brasil
Former president Jair Bolsonaro (PL) is under investigation in a scandal that involves the misappropriation of high-value jewelry received as a gift during his term as president of Brazil. On Thursday (4), the Federal Police concluded their investigation and indicted Jair Bolsonaro, along with 11 other people, including Mauro César Barbosa Cid, lieutenant colonel and considered the former president's right-hand man during his term, as well as two former ministers: Fabio Wajngarten, former head of the Secretariat of Social Communication (Secom), and Bento Albuquerque, former minister of Mines and Energy, as well as lawyer Frederick Wassef.
They are accused of the crimes of money laundering, criminal association and embezzlement. The charges, whose combined sentences can reach 25 years in prison, were formally presented.
Case Context
The jewelry case began to gain notoriety when it was revealed that Bolsonaro had received valuable jewelry during his presidential term. These jewels, were gifts from the Saudi Arabian government, were not properly declared as state assets, as required by law and were incorporated into the former president's personal assets, raising suspicions of irregularities.
Investigations revealed that some of these jewelry were traded in the United States. After the case became public, Bolsonaro's allies tried to repurchase the jewelry and return it to the Brazilian government. Among the gifts received by Bolsonaro during his term were valuable items such as a white gold Rolex watch, a ring, cufflinks and an Islamic rosary.
Crimes for which Bolsonaro was indicted
Criminal Association: Bolsonaro is being accused of this crime because the embezzlement of jewelry, watches, sculptures and other luxury items that he received as a representative of the Brazilian State was detected in his close circle. The crime of criminal association occurs when three or more people group together with the specific objective of committing crimes. This offense is typified in article 288 of the Brazilian Penal Code and is regulated by law 12,850 of 2013, which establishes a prison sentence of 1 to 3 years.
Money laundry: The former president also faces charges of money laundering, which involve trying to hide the illicit origin of acquired assets. In this case, the jewels would have been integrated into Bolsonaro's heritage without proper declaration, seeking to disguise their origin. In other words, it is the concealment or dissimulation of the nature, origin, location, disposition, movement or ownership of assets resulting from crime. The expected penalty is imprisonment for 3 to 10 years, in addition to a fine.
Embezzlement: Another crime for which Bolsonaro was indicted is embezzlement, which refers to the diversion or appropriation of public assets by a public official. Possession of jewelry without proper declaration and incorporation into the public collection may constitute this crime. Penalty: imprisonment from 2 to 12 years and fine.
The indictment indicates that the Federal Police gathered sufficient evidence of a crime. Now, it is up to the Public Ministry to decide whether to file a formal complaint. Only if the court accepts the complaint will Bolsonaro and the other defendants become defendants.
Investigation and Evidence
The investigation has been conducted by different bodies, including the Federal Police and the Federal Public Ministry. Various pieces of evidence were gathered, such as records of financial transactions, testimonies and documents proving the acquisition and possession of the jewelry.. One of the key elements of the investigation is the lack of declaration of the jewelry as official gifts, which should have been done in accordance with Brazilian legislation.
According to investigations, the former president's collaborators were responsible for selling or attempting to sell, with his consent, four high-value gifts that he received on official trips abroad. Two pieces of jewelry were presented by Saudi Arabia and two others by Bahrain. Among the items negotiated are watches from the Rolex and Patek Philippe brands, intended for the company Precision Watches, with a total value of US$68,000, equivalent, at the exchange rate at the time, to R$346,983.60.
According to investigations, the former aide-de-camp appeared in person at a store in Willow Grove to sell the piece. A photo of the deposit slip was found on the officer's cell phone, and another image shows his father reflected in another item. During his testimony on the matter, Bolsonaro chose to remain silent. On previous occasions, he denied having ordered the sale of the jewelry, stated that he had not requested or received gifts and reiterated that there had been no violation of the law.
Next Steps in the Process
The final report containing the conclusions of the Federal Police will be forwarded to the Minister of the Federal Supreme Court (STF), Alexandre de Moraes, who is the rapporteur of the case. Subsequently, Moraes will forward the case to the Attorney General's Office (PGR), responsible for analyzing whether there is sufficient evidence to formulate a formal accusation against Jair Bolsonaro and the other indictees. The PGR may then present a formal complaint to the Court, close the case or request new measures.
If the complaint is accepted by the STF, those indicted will become defendants and face criminal proceedings before the court. The next stage will include the collection of evidence, statements and interrogations, culminating in a final trial in which ministers will decide whether to convict or acquit the defendants.
Defenses
Paulo Cunha Bueno, Bolsonaro's lawyer, informed that he has not yet had access to the PF report and will not comment at this time. Bolsonaro has always denied any wrongdoing. Fábio Wajngarten, indicted for money laundering and criminal association, stated that he acted within his professional prerogatives and considers the accusation unfair. Frederick Wassef declared that his indictment is a reprisal for his support for Bolsonaro, refuting any illicit involvement. Lieutenant Colonel Mauro Cid's lawyer stated that his client is cooperating with the investigations and that the indictment is part of the ongoing process.
Possible Consequences
If convicted, Bolsonaro and the other defendants could face penalties ranging from fines and loss of political rights to prison. Penalties depend on the seriousness of the crimes and the circumstances in which they were committed. Criminal legislation determines that convictions must begin with the minimum penalty for the crimes judged, and may be increased based on specific aggravating circumstances that worsen the former president's legal situation.
It is important to highlight that a possible conviction in the jewelry case could result in the extension of Bolsonaro's ineligibility for a period longer than that initially defined in other actions in the Superior Electoral Court (TSE), as established by Complementary Law 64/1990, known as the Law of Ineligibility. According to this law, this rule applies to anyone who is convicted by a final decision or one handed down by a collegial judicial body, extending up to eight years after serving the sentence.
