President Bolsonaro subpoenaed to testify in person

Brazilian Minister of the Federal Supreme Court (STF) Alexandre de Moraes ordered the subpoena of President Jair Bolsonaro to give personal testimony this Friday (Jan. 28), at the Superintendency of the Federal Police in Brasília. The decision was taken within the scope of the inquiry on the alleged disclosure of confidential information about a hacker attack on the computer system of the Superior Electoral Court (TSE), in 2018.

In his decision, Moraes, who is the inquiry rapporteur, understood that the president can exercise the constitutional right to remain silent, but cannot previously refuse to participate in procedural acts. In November of last year, at the request of the defense, the minister granted an additional period of 60 days to schedule the hearing.

“Since the President of the Republic has not indicated place, day and time for his interrogation within the set period of 60 days, I determine his subpoena through the Attorney General's Office (AGU) to appear on January 28, 2022, at 2 p.m., to give a personal testimony,” decided the minister.

Prior to Moraes' decision, AGU argued in the inquiry that the president did not disclose confidential documents and "declined personal hearing". According to the Attorney General's Office, the personal testimony would not contribute to the process. It has also argued that previous decisions of the Court prevent coercive conduct for deposition and ensure the “right of absence” of the defense.