Yanis, please read up on the details of the Brazilian Federal Police investigations into Flávio Bolsonaro's suspected crimes and Brazilian law.
Bolsonaro is under investigation not for misdemeanours but major crimes, including money laundering on unfathomably large scales. The Federal Police determined he was a flight risk, a determination his flight to the United States would patently corroborate. The decision of confiscate his passport is a common, low-level restriction under those conditions.
Bolsonaro could have challenged the decision, demanding a hearing on its merits. Instead he fled and is now claiming “electoral fraud” and “judicial persecution”. Claims belied by statements by his own allies, and by the fact his party has the largest caucus in the Brazilian Senate, six state governors, and many other elected officials that are carrying out their jobs as usual.
There are deep problems with the Brazilian judiciary, including possible overreach and highly credible claims of rampant corruption. But that does not ipso facto mean that every judicial decision is illegitimate. Hearing various American commentators imply that it does rankles, especially when done in support of a US puppet ready to shred Brazil's basic sovereignty.
Again, Bolsonaro could have had his day in court and challenged the decision on his passports on its merits, presented evidence of judicial bias or malfeasance, etc. Like Lula did successfully not that long ago.
I am going to write something below that should be seen as the musings of one who celebrated – and still celebrates – Lula’s victory over Bolsonaro Jr. Here it goes:
I cannot for the life of me justify why o why Brazil’s courts had to demand of Bolsonaro that he hands over his passport the moment he lost the election. That he disputed the veracity of the election result is a sign of a faulty character, evidence that he is a bad loser. BUT, he had every right to being a bad loser; to dispute, rightly or wrongly, any result.
As for the argument that he was being investigated for other misdemeanours or crimes, that doesn’t wash either: What would have happened if Bolsonaro had won the election? Would the judges also prevent him from travelling abroad, as President-elect? I very much doubt that – which means that the judges were conflating executive and judicial powers.
To those who tell me that the Bolsonaro clan is a fascistic, criminal family, my reply is: You and I may very well think that. Alas, the judiciary has no right to use its powers to indict and to pursue someone because – or immediately after – they lost an election. It is shameful, to be precise. And it is also dangerous for those of us on the left who know what it means to be banned and hounded by rogue judges and police commissioners.
But I also have a message to Bolsonaro supporters, or those sitting on the fence, who assume that Lula is somehow behind the judges. He is not! This is the same court that imprisoned, falsely, Lula himself. What we have in Brazil is a judiciary that overreaches and habitually crosses the line that ought to separate judicial from political power.
It is such a shame that a judge took it upon himself to go after Bolsonaro on the eve of his defeat and, in doing so, to sully Lula’s stupendous victory.
One last point that my comrades in Brazil should note: If Bolsonaro and Rubio wanted to mount a campaign against Lula and Brazilian democracy they could never have been aided better than by that judge’s reckless writ.