Jair Bolsonaro, the far-right nationalist and former president of Brazil, fled to Florida on December 30, 2022 after losing the presidential election to leftist leader Luiz Inacio Lula da Silva.
He did not participate in the traditional transfer of power to his successor.
On January 9, 2023, Bolsonaro was admitted to a hospital in Florida with stomach pains while 1,500 of his supporters were arrested in Brasilia after storming key buildings in the capital.
There are now questions about whether Bolsonaro will be indicted for the attack and whether he could be extradited from the US if an arrest warrant is issued against him in Brazil.
It is unclear what his current legal status is in the US, but as a former president with a diplomatic passport, he was automatically eligible for an A visa for official travel purposes according to the US State Department.
There are several problems with the legal status of Bolsonaro in the US.
Firstly, he ceased to be president on January 1st and may no longer be eligible to use the A visa.
It is unknown if he has requested a change to a tourist visa, which would be necessary if he is in the US for tourism purposes, as he is currently in Orlando.
It is also unclear how long he plans to stay in Florida, which is home to his political idol, former US President Donald Trump.
Bolsonaro’s trip to the US protects him from potential legal consequences in Brazil, where he is under investigation in at least four criminal probes.
According to Brazil’s constitution, a sitting president can only be arrested if convicted by the Supreme Court. However, once he leaves office, he can be tried by swifter moving lower courts.
There is mounting pressure on the Biden administration to extradite Bolsonaro from his self-imposed exile in Florida.
The White House has stated that it has not received any requests from the Brazilian government regarding Bolsonaro’s status.
It is possible that Brazil’s Supreme Court Justice Alexandre de Moraes could issue an arrest warrant for Bolsonaro while he is in the US, though it is unlikely.
Even if an arrest warrant were issued, experts say that extradition back to Brazil could take years and there is no guarantee that US courts would agree with the Brazilian judiciary’s view that Bolsonaro’s alleged crimes are extraditable.
In addition to these potential legal issues, Bolsonaro also faces 12 requests for investigation at The Superior Electoral Court (TSE) for baseless claims of electoral fraud and alleged abuses of power to grant economic benefits in exchange for votes.
If the TSE upholds these accusations, Bolsonaro could be declared ineligible for elected office.
