By Luciana Magalhaes
SAO PAULO (Reuters) -Brazil’s Supreme Court said on Monday former President Jair Bolsonaro may be arrested if his press interviews are published on social media, raising questions about whether the right-wing leader is allowed to talk to journalists, as he faces backlash over the 50% tariffs U.S. President Donald Trump imposed on Brazil.
In a court order issued on Monday, Brazilian Justice Alexandre de Moraes, who oversees a criminal case in which Bolsonaro is accused of plotting a coup, said any attempt to circumvent the ruling could result in the former president’s arrest.
On Friday, Moraes had ordered Bolsonaro to wear an ankle bracelet and banned him from using social media, among other measures, over allegations he courted the interference of Trump, who tied the new levies on Brazil to what he called a “witch hunt” against Bolsonaro.
In an interview with Reuters on Friday, Bolsonaro described Moraes’ decision to prohibit his social media use as “cowardice,” and said he intended to continue engaging with the press to ensure his voice was heard.
But Monday’s ruling clarified that the restrictive measures also applied to Bolsonaro’s use of social media through third parties. Bolsonaro canceled an interview with a local news outlet that would have been broadcast on YouTube on Monday.
“Obviously, the broadcasting, rebroadcasting, or dissemination of audio, video, or transcripts of interviews on any third-party social media platforms is prohibited,” the judge wrote.
It is unclear if the measure amounts to a prohibition of all interviews.
“The prohibition is that he communicates on social media; it is not a prohibition against third parties speaking about him, whether to praise or criticize,” said Ivar Hartmann, a law professor at Sao Paulo business school Insper. He added that, in his view, interviews are permissible, provided they are not intended to circumvent the legal limitations, such as giving an interview to a supporter.
But Vera Chemim, a São Paulo-based constitutional lawyer, said she believed the former leader is now on shaky ground, noting that interviews, while not explicitly mentioned in the court order, could still be used to justify Bolsonaro’s arrest.
“Bolsonaro is now completely silenced,” she said. “Any misstep could lead to a preventive arrest.”
On Friday, U.S. Secretary of State Marco Rubio called Moraes’ court orders a “political witch hunt” that had prompted him to make immediate visa revocations for “Moraes and his allies on the court, as well as their immediate family members.”
The Supreme Court declined to comment or elaborate on the specifics of the decision. A spokesperson for Bolsonaro also declined to comment, but the former president has always denied any wrongdoing.
The court’s crackdown on Bolsonaro added to evidence that Trump’s tactics are backfiring in Brazil, compounding trouble for his ideological ally and rallying public support behind a defiant leftist government.
(Reporting by Luciana Magalhaes, editing by Manuela Andreoni and Rod Nickel)