STF Makes Oswaldo Eustáquio a Defendant for Association Criminosa

Overview

• The Supreme Federal Court's Primeira Turma received the Prosecutor-General's complaint and formally made Oswaldo Eustáquio a defendant for association criminosa under article 288 of the Penal Code.
• Relator Alexandre de Moraes said the complaint met formal requirements and provided the minimum indicia needed to start a criminal action, a procedural step that is not a finding of guilt.
• The PGR's accusation cites social media posts, participation in Brasília demonstrations and mobilizations near military sites as links tying Eustáquio to efforts to contest electoral legitimacy.
• Eustáquio lives in Spain, is considered a fugitive by Brazilian authorities, and Spanish courts denied Brazil's extradition request in December 2025, hindering in-person enforcement of the case.
• His defense says the process is proceeding in absentia and violates due process; the charge carries a one- to three-year prison term and fits broader judicial scrutiny of anti-democratic mobilizations in Brazil.