"It didn't happen exactly as the written decision states! The move was broadcast by Lula before, during, and after his interference!"
CRIMINAL EXECUTION 169 FEDERAL DISTRICT
RELATOR: JUSTICE ALEXANDRE DE MORAES
PASSIVE PARTY: JAIR MESSIAS BOLSONARO
ATTORNEY(S): CELSO SANCHEZ VILARDI AND OTHER(S)
ATTORNEY(S): SAULO LOPES SEGALL
ATTORNEY(S): PAULO AMADOR T. ALVES DA CUNHA BUENO AND OTHER(S)
ATTORNEY(S): LUCIANA LAURIA LOPES
DECISION
This case concerns a Criminal Execution arising from a Criminal Action against JAIR MESSIAS BOLSONARO, which was ruled successful, sentencing the defendant to 27 (twenty-seven) years and 3 (three) months. This sentence consists of 24 (twenty-four) years and 9 (nine) months of imprisonment (reclusão) and 2 (two) years and 6 (six) months of detention (detenção), with the initial closed regime established for the commencement of the sentence, pursuant to Article 33 of the Penal Code (CP). Additionally, a pecuniary penalty of 124 (one hundred and twenty-four) day-fines was imposed (at the rate of 2 (two) times the minimum wage in effect at the time of the facts, duly adjusted, under the terms of Article 49, § 1, of the CP).
On January 15, 2026, I issued a decision ordering the transfer of the detainee JAIR MESSIAS BOLSONARO from the General Staff Room (Sala de Estado Maior) at the Regional Superintendence of the Federal Police/DF to the General Staff Room at the 19th Military Police Battalion (PMDF), located within the Papuda Penitentiary Complex in Brasília/DF, for the fulfillment of the custodial sentence set by this COURT.
On March 10, 2026, the Defense of JAIR MESSIAS BOLSONARO requested “exceptional authorization for a visit from Mr. Darren Beattie, current Senior Advisor for Brazil Policy of the United States Department of State,” further requesting that the visit take place outside of the ordinary days scheduled for visitation (Wednesday and Saturday).
Thus, the Defense requested that the visit “take place on March 16, in the afternoon, or March 17, in the morning or early afternoon, observing all other security and control rules of the custodial establishment” (eDoc. 665).
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On the same date, I granted the requested visit, noting, however, that “there is no legal provision or exceptional circumstance to justify a specific change to the visitation day to Monday (March 16) or Tuesday (March 17), as requested by the Defense, since visitors must adapt to the legal regime of the prison establishment and not the other way around, in order to safeguard administrative organization and security.”
The visit was granted under the following terms (eDoc. 671):
Accordingly, pursuant to Articles 21 and 341 of the Internal Rules of the Supreme Federal Court (STF), I GRANT the following visit, provided that all rules of the prison facility are observed: (1) Wednesday, March 18, 2026, from 8:00 AM to 10:00 AM: Darren Beattie, current Senior Advisor for Brazil Policy of the United States Department of State, accompanied by an interpreter, whose information must be previously disclosed to this court.
On March 11, 2026, the Defense filed a motion for reconsideration regarding the date and time of the visit, citing a diplomatic agenda to be conducted by the visitor (eDoc. 672).
In an order dated March 11, 2026, I requested information from the Minister of Foreign Affairs regarding the existence of a diplomatic agenda for Darren Beattie, current Senior Advisor for Brazil Policy of the U.S. Department of State, and any potential request for visitation with JAIR MESSIAS BOLSONARO.
On the same date, the Minister of Foreign Affairs provided the necessary information via Official Letter SEI No. 1963/2026/G/MRE.
This is the report. I HEREBY DECIDE.
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The Ministry of Foreign Affairs provided clarifications regarding the visa issuance and the diplomatic agenda of Darren Beattie, current Senior Advisor for Brazil Policy of the United States Department of State, pointing out the absence of any visitation request for JAIR MESSIAS BOLSONARO (eDoc. 684):
As of March 11, there was no previously registered diplomatic agenda within the scope of the Ministry of Foreign Affairs involving Mr. Darren Beattie;
The request to visit the former President does not fall within the objectives officially communicated by the Department of State;
The entry visa was granted based on a request indicating the participation of the Department of State official in an event to promote bilateral relations and in official meetings.
The Ministry of Foreign Affairs emphasized that the visa was granted for the specific purpose of participating in a “conference on critical minerals and for official meetings with representatives of the Brazilian Government,” further noting that the aforementioned “conference, titled ‘US-Brazil Forum on Critical Minerals,’ will be held in São Paulo on the upcoming March 18, at the headquarters of the American Chamber of Commerce for Brazil (AMCHAM)”:
“2. The visit of Mr. Darren Beattie to Brazil was formally communicated by the United States Embassy in Brasília through diplomatic note 170, received on March 10. According to the note, the official will arrive in Brasília on March 16, at 2:05 PM, and will depart for São Paulo on March 17, at 7:30 PM. He will arrive in the capital of São Paulo on the same day, at 9:25 PM, and will depart from there on March 18,"
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at 9:30 PM, bound for Washington, D.C. 3. The entry visa for the aforementioned North American national was granted based on a request submitted on March 6 by the Department of State to the Consulate General of Brazil in Washington. In the official communication, the U.S. government informed that Mr. Darren Beattie would travel to Brazil ‘for a conference on critical minerals and for official meetings with representatives of the Brazilian Government.’ I clarify that the said conference, titled ‘US-Brazil Forum on Critical Minerals,’ will be held in São Paulo on the upcoming March 18, at the headquarters of the American Chamber of Commerce for Brazil (AMCHAM). 4. At the time of the aforementioned request to the Consulate General, there was no mention of any interest by the visitor in conducting meetings or visits unrelated to the officially communicated objectives. Thus, the processing and granting of the visa occurred exclusively based on the justification then presented by the Department of State.”
In this manner, the visa for Darren Beattie to enter Brazilian territory was granted only after a formal request made through diplomatic note 170, based on his announced participation in the “US-Brazil Forum on Critical Minerals,” with no purpose linked to visiting JAIR MESSIAS BOLSONARO within the Brazilian penitentiary system, as also highlighted by the MRE [Ministry of Foreign Affairs]:
“5. I am aware that on March 10, a request for a meeting with former President Jair Messias Bolsonaro was formulated. Such a request, as I am also informed, was made through the former President's attorneys, such that it never passed through the Ministry of
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Foreign Affairs, nor was it even the subject of a communication directed to this Ministry. It is, therefore, a request made subsequent to the submission of the visa application to the Consulate General and which, it should be noted, bears no relation to the travel purposes originally reported by the North American government.”
As can be inferred from the information submitted to the records, there was no indication of any other commitment, diplomatic or otherwise, beyond the attendance in São Paulo on the upcoming March 18, at the headquarters of the American Chamber of Commerce for Brazil (AMCHAM), to participate in the aforementioned forum. The processing and granting of the visa occurred exclusively based on the justification presented at that time by the United States Department of State.
It should be emphasized that only after the request for information from the Minister of Foreign Affairs did the Embassy of the United States of America request the scheduling of new diplomatic commitments for Darren Beattie in Brasília/DF, which would be carried out, if eventually confirmed, on March 17, 2026:
“6. Furthermore, it should be noted that only on March 11, after the aforementioned request for a meeting with the former President, did the United States Embassy in Brasília request interviews for Mr. Beattie with the Ministry of Foreign Affairs; until then, there was no diplomatic scheduling previously notified to this Department. 7. The U.S. Embassy in Brasília requested, via an email sent to the General Coordination of Transnational Illicit Acts (COCIT) on March 11, the scheduling of a meeting between Mr. Darren Beattie and the General Coordinator of COCIT on March 17, at 4:30 PM. The meeting is not confirmed. Also on...”
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On March 11, in a message from a diplomat at the U.S. Embassy via a messaging app, a request was made to schedule a meeting between Mr. Darren Beattie and the Secretary for Europe and North America on the afternoon of March 17. This meeting is also not confirmed.”
Therefore, the visit of Darren Beattie, requested in these records by the Defense of JAIR MESSIAS BOLSONARO, is not included in the diplomatic context that authorized the granting of the visa and his entry into Brazilian territory, in addition to not having been previously communicated to the Brazilian diplomatic authorities—which could even warrant a re-analysis of the granted visa, as the Ministry of Foreign Affairs pointed out:
“(...) the visit of a foreign State official to a former President of the Republic in an election year may constitute undue interference in the internal affairs of the Brazilian State. I recall that the International Court of Justice has, on more than one occasion, emphasized the customary nature of the principle of non-intervention (e.g., Military and Paramilitary Activities in and against Nicaragua - Nicaragua v. United States of America - Merits, Judgment, I.C.J. Reports 1986, para. 204; Armed Activities on the Territory of the Congo - Democratic Republic of the Congo v. Uganda - Judgment, I.C.J. Reports 2005, paras. 162-163). The principle of non-intervention is also enshrined in the Charter of the Organization of American States, in its Art. 3(e), to which both Brazil and the United States of America are parties. Furthermore, the principle of non-intervention, as a customary and conventional norm binding both Brazil and the United States of America, is expressed in the Brazilian Federal Constitution, in its Art. 4, IV, as a norm governing Brazil's international relations.”
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In view of the foregoing, pursuant to Article 4, IV of the Federal Constitution and Articles 21 and 341 of the Internal Rules of the STF, I RECONSIDER the previous decision (eDoc. 671) and DENY THE VISIT requested by the Defense of JAIR MESSIAS BOLSONARO.
Let the 19th Military Police Battalion, located in the Papuda Penitentiary Complex, be notified of this decision.
Notify the Ministry of Foreign Affairs.
Notify the duly appointed attorneys, including by electronic means.
Notify the Office of the Prosecutor General of the Republic.
To be published.
Brasília, March 12, 2026.
Justice ALEXANDRE DE MORAES Relator
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