Brazil’s Supreme Federal Court (STF) convicted former federal deputy Eduardo Bolsonaro by a 7–3 vote of defaming fellow deputy Tabata Amaral over social-media posts published in October 2021. The court imposed one year of detention under an initially open regime and a financial penalty; reports put the fine at roughly R$80,000 to R$126,438.¹

The case concerned Bolsonaro’s criticism of Amaral’s proposed bill to provide free menstrual products. In the posts, he suggested that the initiative served private interests connected to businessman Jorge Paulo Lemann and Procter & Gamble. Justice Alexandre de Moraes, the case’s rapporteur, found that the allegation attributed an act damaging to Amaral’s reputation: drafting legislation to improperly benefit an interested third party.¹

The majority, including Justices Cármen Lúcia, Flávio Dino, Cristiano Zanin, Edson Fachin, Gilmar Mendes and Dias Toffoli, treated the posts as exceeding the boundaries of legitimate political disagreement. A report on the ruling said Moraes concluded the statements “went beyond legitimate political debate and harmed Tabata’s honor.”²

Bolsonaro’s defense took the opposing view, arguing that even sharp criticism is part of political debate, that the posts drew on press reporting, and that his status as a federal deputy gave him constitutional immunity.¹ Justice André Mendonça, joined by Luiz Fux and Nunes Marques, voted to acquit. Mendonça argued that immunity turns not on the severity of the words but on their connection to the exercise of a lawmaker’s mandate; in his view, offensive or inaccurate language did not sever that link.¹

Moraes rejected that interpretation, holding that the comments were outside Bolsonaro’s legislative function and therefore not covered by immunity. Fachin agreed that defamation had occurred but differed from the majority on whether the custodial sentence could be replaced with an alternative penalty.¹

[1] STF condemns Eduardo Bolsonaro for defaming Tabata Amaral — “The declarations attribute to the deputy a fact offensive to her reputation.” Source

[2] 7 to 3: STF sentences Eduardo Bolsonaro for defamation against Tabata Amaral — The court said the posts exceeded legitimate political debate and damaged Amaral’s honor. Source