The STF will react if any ally of Jair Bolsonaro wins the elections for the Presidency next year and grants a presidential pardon to the former president, who is on track to be convicted in the criminal action that judges the coup d'état.
Supreme Court ministers interviewed by the column assess that a pardon to Bolsonaro will be unconstitutional if granted by names such as Eduardo Bolsonaro (PL), Tarcísio de Freitas (Republicans), or Ronaldo Caiado (Union Brazil), who show support for amnesty.
The Court plans to annul any eventual pardon based on the same justification used to overturn the pardon granted to former federal deputy Daniel Silveira when Bolsonaro was president.
In 2023, the STF mentioned the alliance bond between the two politicians.
In her vote, then-minister Rosa Weber stated that, although individual pardons are a political act exclusive to the President of the Republic, it is possible for the Judiciary to verify if the granting is in accordance with constitutional norms.
In the case of Silveira, the magistrate assessed that the benefit was granted due to a 'simple bond of political-ideological affinity', which is 'incompatible' with the constitutional principles of impersonality and administrative morality.
On that occasion, the minister emphasized that the granting of pardons 'must observe public interest, not personal', as this would represent the 'instrumentalization of the State, its institutions, and its agents by the President of the Republic' to obtain personal benefits 'illegally, illegitimately, and immorally'.