- Marianna Schreiber
- BBC News Brazil, Brasilia
Democratic politicians have pressed US President Joe Biden to send former president Jair Bolsonaro back to Brazil after his supporters occupied and vandalized the headquarters of the three branches of the republic in Brasilia last Sunday.
Bolsonaro left the country for the United States on December 30, settling in Orlando, Florida, two days before the inauguration of new president Luiz Inacio Lula da Silva.
“Almost 2 years since the fascists attacked the US capital, we see fascist movements in Brazil trying to do the same abroad,” the representative wrote. Alexandria Ocasio-Cortes On Twitter, supporters of former US President Donald Trump are referring to the invasion of the US Congress on January 6, 2021.
“The United States must stop harboring Bolsonaro in Florida,” he added.
Biden condemned Bolsonaro’s vandalism on Twitter, but did not comment on Bolsonaro’s situation in the United States.
“I condemn the attack on democracy and the peaceful transfer of power in Brazil. We have our full support for Brazil’s democratic institutions and the will of the Brazilian people must not be undermined. I look forward to continuing to work with @LulaOficial,” he said. Wrote on Sunday.
If faced with pressure from Democratic members of parliament, what would force Bolsonaro to leave the United States through deportation or extradition proceedings?
Experts from Brazil and the United States, at least so far, There are no legal elements It allows for a handover process.
On the other hand, the US government could, theoretically, revoke the visa of the former president, forcing him to exile. It depends on the political assessment of the Biden administration, making it difficult to predict what his decision will be.
Additionally, even if his visa is revoked, Bolsonaro may seek to extend his stay in the United States by seeking political asylum, arguing that he faces persecution in Brazil.
said process It can take months or years to complete And the person applying for asylum, even if they are a former president, can remain in the United States until this review is completed.
“Deportation occurs when the person does not have valid documents. For example, if the visa has expired, he becomes an irregular immigrant and will be automatically deported upon identification and returned to his country of origin,” explains the lawyer specializing in international law. Collaboration Yuri Sahion.
“The US government itself can revoke visas. And issuing visas is a prerogative, sovereign act of every country,” he added.
How is Bolsonaro’s visa?
There is no clear information on Bolsonaro’s current status in the US. He may have entered US soil as he was the president when he left Brazil. A1 visa issued to officers.
Another option is that you use a Tourist Entry TicketThis gives you a maximum period of six months in the country.
The U.S. Embassy in Brasilia said it could not clarify Bolsonaro’s situation because anyone’s visa is considered private and confidential information.
However, regardless of Bolsonaro’s visa, Can be canceled at any time by the United States Government at any time.
Without referring to Bolsonaro’s specific case, US State Department spokesman Ned Price told reporters that those who entered the country on an A1 visa and are no longer on official duty in their country must leave the US within 30 days or apply. For new type of visa.
“If an individual has no reason to be in the United States, they will be removed by the Department of Homeland Security,” Price was quoted as saying by Reuters.
The process of deportation is already a bit more complicated than deportation.
US Attorney Jacques Semmelman, an expert on extradition in the US, explained to BBC News Brazil that the process must go through the US judicial system. That is, it will not be the exclusive decision of the Biden administration.
According to him, to start this process, it will be Certain requirements must be metIncluding the existence of an unprecedented criminal case against Bolsonaro in Brazil.
Also, based on a criminal case, the Brazilian government should ask for extradition to the US government.
“The criminal charge or charges must be based on probable cause, which means that the defendant must have sufficient evidence to support a reasonable belief that he or she committed the crime or crimes charged,” Semmelman said.
From then on, the US judicial system will analyze the case, giving Bolsonaro a chance to present his defense against the lawsuit. Handover. This type of process usually takes months or years.
US National Security Adviser Jake Sullivan assured reporters on Monday that the White House had not received any official request from the Brazilian government regarding Bolsonaro.
“If he’s still in the U.S., as far as I know, we’re not in direct contact with Bolsonaro. So, I can’t speak for sure about his whereabouts,” Sullivan said.
“We have not yet received any official request from the Brazilian government regarding Bolsonaro. Of course, if we receive such a request, we treat it as we always treat them: seriously,” the national security adviser added.
A Brazilian senator has called for a Supreme Court inquiry
Senator Renan Calheiros (centrist Brazilian Democratic Movement Party) on Monday submitted a request to Federal Supreme Court (STF) Judge Alexandre de Moraes to include Bolsonaro in an investigation into anti-democratic activities. A maximum of 72 hours for the former president to travel to Brazil and report.
If Bolsonaro does not meet this deadline to return to Brazil, Calheros also requested that he be detained under Article 312 of the Criminal Procedure Code.
This article establishes that “pretrial detention may be ordered as a guarantee of public order, to facilitate a criminal investigation, or to ensure the application of the criminal law when there is evidence of the existence of a crime and sufficient evidence of its authorship.”
According to Yuri Sahion, Calheros has a claim More political than legal in natureAnd it seems unlikely to be delivered.
He points out that the prosecutor’s office has the power to request a criminal investigation, although Moraes has already made decisions without consulting the agency, for example based on requests from the federal police or the High Electoral Tribunal.
The lawyer also recalled that Brazilian law does not compel an interrogator to give a statement, as Calheros demands, as the accused has the right to remain silent.
“There is no obligation for him to return to Brazil. In particular, even if he is interrogated, he can continue to be interrogated while he is in the United States. He can almost participate,” Sahion explained.
“There is no indication that he would escape any kind of prosecution or investigation if he was in the US,” he added.
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