Brazil's Bolsonaro arrested, adding to tensions with Trump

Supreme Court Justice Alexandre de Moraes, the target of U.S. Treasury sanctions last week, issued the arrest order against Bolsonaro. His decision cited a failure to comply with restraining orders he had imposed on Bolsonaro for allegedly courting Trump's interference in the case.

Bolsonaro is on trial before the Supreme Court on charges he conspired with allies to violently overturn his 2022 electoral loss to leftist President Luiz Inacio Lula da Silva. Trump has referred to the case as a "witch hunt" and called it grounds for a 50% tariff on Brazilian goods taking effect on Wednesday.

The U.S. State Department condemned the house arrest order, saying Moraes was using Brazilian institutions to silence opposition and threaten democracy, adding the U.S. would "hold accountable all those aiding and abetting sanctioned conduct."

It did not provide details, though Trump has said the U.S. could still impose even higher tariffs on Brazilian imports.

The Monday order from Moraes also banned Bolsonaro from using a cell phone or receiving visits, except for his lawyers and people authorized by the court.

A press representative for Bolsonaro confirmed he was placed under house arrest on Monday evening at his Brasilia residence by police who seized his cell phone.

Bolsonaro's lawyers said in a statement they would appeal the decision, arguing the former president had not violated any court order.

In an interview with Reuters last month, Bolsonaro called Moraes a "dictator" and said the restraining orders against him were acts of "cowardice."

Some Bolsonaro allies have worried that Trump's tactics may be backfiring in Brazil, compounding trouble for Bolsonaro and rallying public support behind Lula's leftist government.

However, Sunday demonstrations by Bolsonaro supporters — the largest in months — show that Trump's tirades and sanctions against Moraes have also fired up the far-right former army captain's political base.

Bolsonaro appeared virtually at a protest in Rio de Janeiro via phone call to his son, Senator Flavio Bolsonaro, in what some saw as the latest test of his restraining orders.

Moraes said that the former president had repeatedly made attempts to bypass the court's orders.

"Justice is blind, but not foolish," the justice wrote in his decision.

On Monday, Senator Bolsonaro told CNN Brasil that Monday's order from Moraes was "a clear display of vengeance" for the U.S. sanctions against the judge, adding: "I hope the Supreme Court can put the brakes on this person (Moraes) causing so much upheaval."

The judge's orders, including the restraining orders under penalty of arrest, have been upheld by the wider court.

Those orders and the larger case before the Supreme Court came after two years of investigations into Bolsonaro's role in an election-denying movement that culminated in riots by his supporters that rocked Brasilia in January 2023. That unrest drew comparisons to the January 6, 2021 riots at the U.S. Capitol after Trump's 2020 electoral defeat.

In contrast with the tangle of criminal cases which mostly stalled against Trump, Brazilian courts moved swiftly against Bolsonaro, threatening to end his political career and fracture his right-wing movement. An electoral court has already banned Bolsonaro from running for public office until 2030.

Another of Bolsonaro's sons, Eduardo Bolsonaro, a Brazilian congressman, moved to the U.S. around the same time the former president's criminal trial kicked off to drum up support for his father in Washington. The younger Bolsonaro said the move had influenced Trump's decision to impose new tariffs on Brazil.

In a statement after the arrest on Monday, Congressman Bolsonaro called Moraes "an out-of-control psychopath who never hesitates to double down."

Trump last month shared a letter he had sent to Bolsonaro. "I have seen the terrible treatment you are receiving at the hands of an unjust system turned against you," he wrote. "This trial should end immediately!"

Washington based its sanctions against Moraes last week on accusations that the judge had authorized arbitrary pre-trial detentions and suppressed freedom of expression.

The arrest could give Trump a pretext to pile on additional measures against Brazil, said Graziella Testa, a political science professor at the Federal University of Parana, adding that Bolsonaro seemed to be consciously provoking escalation.

"I think things could escalate because this will be seen as a reaction to the Magnitsky sanction" against Moraes, said Leonardo Barreto, a partner at the Think Policy political risk consultancy in Brasilia, referring to the asset freeze imposed on Moraes last week.