Brazil’s Bolsonaro Appeals After Court Barred Him From Attending Trump Inauguration

Former Brazilian President Jair Bolsonaro (R) speaks to supporters next to his wife, Michelle Bolsonaro, during a rally in Sao Paulo, Brazil, on Feb. 25, 2024. Nelson Almeida/AFP via Getty Images

Brazil’s highest court has denied former Brazilian President Jair Bolsonaro’s petition to temporarily get his passport back so he could attend President-elect Donald Trump’s inauguration on Jan. 20.

In a decision issued on Jan. 16, Justice Alexandre de Moraes of Brazil’s Supreme Federal Court denied Bolsonaro’s petition.

Bolsonaro’s passport was seized by federal police in February 2024 as part of an investigation of the Jan. 8, 2023, protests at Brazil’s federal government buildings. Authorities allege that the protests were part of a conspiracy to overturn the 2022 presidential election results, which Bolsonaro narrowly lost to his rival Luiz Inácio Lula da Silva.

The court’s ruling followed a recommendation from Brazil’s attorney general, who argued that there was no compelling public interest in Bolsonaro’s presence at Trump’s inauguration. De Moraes echoed this reasoning in his decision.

“It’s needless to point out that the petitioner does not hold a role that would make him officially represent Brazil at the official ceremony in the United States,” the judge wrote.

De Moraes further argued that he had to consider the possibility that Bolsonaro might use the trip to seek political asylum abroad, particularly in Argentina, where Argentine President Javier Milei has shown sympathy for the former Brazilian leader.

To illustrate his point, the judge cited past statements by Bolsonaro, who denies any wrongdoing, in which he suggested that supporters who believe that they are being politically persecuted should consider seeking asylum at foreign embassies. He also highlighted an October 2024 post on social media platform X in which Bolsonaro thanked Milei for backing legislation that could allow Jan. 8, 2023, protesters to stay in Argentina as political refugees.

Given the “gravity of the alleged crimes,” Bolsonaro must be kept in the country so that the criminal proceedings against him can move on, according to de Moraes.

In response, Bolsonaro said the decision would not only disappoint his supporters but also harm Brazil’s image abroad.

“President Trump’s invitation to Bolsonaro symbolizes the deep ties between two of the greatest democracies in the Americas,” a statement posted to Bolsonaro’s X account reads. “The decision to bar Bolsonaro from participating in this important event diminishes Brazil’s standing on the global stage and sends a troubling message about the state of democracy and justice in our country.”

Bolsonaro also dismissed concerns that he would flee to Argentina, noting that he attended Milei’s inauguration in December 2023—with de Moraes’s permission—and returned to Brazil as promised.

“Despite this, the boundaries of legal logic continue to be stretched to restrict his rights, denying millions of Brazilians the opportunity to see their leading presidential candidate represented internationally,” the statement reads.

Bolsonaro filed an appeal late on Jan. 16, urging the court to reconsider the travel ban. If the appeal fails, he is likely to be represented at Trump’s inauguration by his son, Eduardo Bolsonaro.

Eduardo Bolsonaro, a congressman whom some speculate could be a candidate in Brazil’s 2026 presidential election, said his father was the victim of “lawfare.”

“[They are] using the justice system as a weapon to crush political opponents in court because they are afraid to face them at the polls,” he wrote.