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How Could the New U.S. Congress Affect Eduardo and Flávio Bolsonaro?

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A Democratic majority in Congress could increase scrutiny of U.S. officials’ dealings involving Flávio and Eduardo Bolsonaro, but would not give lawmakers direct authority to deport them. (Foto: Instagram)

A strong Democratic showing in the U.S. midterm elections could bring political consequences for the Bolsonaro family. With Democrats set to take control of both the House of Representatives and the Senate, the opposition to President Donald Trump will have greater capacity to scrutinize his administration and investigate U.S. officials’ actions in matters involving Brazilian Sen. Flávio Bolsonaro and his brother, Eduardo Bolsonaro, a former member of Brazil’s lower house whose mandate was revoked.

Democrats gained at least 18 seats in the House and seven in the Senate, reversing Republican majorities in both chambers. They are due to take control of Congress in January 2027, when the newly elected lawmakers are sworn in. The results also broke through some traditional Republican strongholds. In Texas, Democrats elected James Talarico to the Senate and Gina Hinojosa as governor, ending decades without a Democrat leading the state. The new balance of power could allow closer scrutiny of ties between Trump administration officials and members of the Bolsonaro family.

One possible focus is a pledge by Democratic Rep. Pramila Jayapal to investigate whether the U.S. government played a role in Flávio’s departure from Brazil, as well as Meta’s conduct during the presidential election won by Luiz Inácio Lula da Silva. Jayapal was among 25 members of Congress who signed a letter to Secretary of State Marco Rubio seeking answers about Flávio’s departure and entry into the United States. Rubio and the State Department have until Nov. 13, 2026, to review the letter’s 15 questions, respond in writing and make officials available to brief lawmakers. Before the election results were announced, Brazilians also campaigned on social media to urge Democrats to challenge Flávio’s continued stay in the country. The hashtag #DeportTheBolsonaros became one of the most discussed topics on X in Brazil.

The brothers’ silence about Trump’s election setback drew attention because of their political closeness to the president. Trump has become one of the Bolsonaro family’s leading international allies and has said Flávio may remain in the United States as long as he wishes. In July, Trump granted Eduardo a green card, or permanent residency. But a Democratic majority in Congress would not give lawmakers direct authority to deport either brother. Immigration policy is administered by the executive branch through agencies including the Department of Homeland Security, and Trump remains in the White House with authority over immigration.

Elaini Silva, a professor of international law, said decisions involving visas, asylum, refugee status and residency are primarily executive-branch responsibilities in both the United States and Brazil, generally guided by laws passed by legislatures. She said lawmakers can still exert pressure by overseeing whether laws are being properly applied and examining possible misuse of authority. With control of both chambers, Democrats will have more political leverage to summon officials, request documents and investigate the administration. Silva said congressional oversight of executive actions—including challenges to their constitutionality or legitimacy—is part of the system of checks and balances and often takes place through committees. In some cases, she said, investigations can lead to calls for an official’s impeachment. She noted that an investigation of Secretary of War Pete Hegseth has already been discussed, including the possibility of an impeachment effort.

Such scrutiny could increase political pressure on Trump, but would not by itself force Flávio or Eduardo to leave the country, Silva said. She added that more evidence is needed to clarify what happened in Flávio’s case, noting conflicting information about whether he entered the United States with a Brazilian diplomatic passport or an Italian passport. If he entered with an Italian passport, she said, he could stay for up to three months without a visa; questions about his status would arise after that period. Flávio arrived in the United States the previous week after leaving Brazil by way of Argentina, in defiance of an order from Supreme Court Justice Alexandre de Moraes to surrender his passports. In Brazil, Flávio is under investigation on suspicion of money laundering in inquiries involving his relationship with lawyer Willer Tomaz and financing for “Dark Horse,” a film about former President Jair Bolsonaro. Eduardo has lived in the United States since February 2025. Brazil’s Supreme Court sentenced him to four years and two months in prison for coercion during legal proceedings. Before the election, he publicly urged his brother to leave Brazil if he lost.

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