Flávio Bolsonaro in Miami: can he be arrested, extradited or stripped of his Senate seat?

Flávio Bolsonaro is now in Miami, with visas for himself and his family. But in Brazil his case is far from closed. These are the questions everyone is asking, with what's known as of October 28, 2026.

Can he be arrested?

For now, there is no arrest warrant. But three lawmakers from the Workers' Party (PT), Lula's party, have asked Justice Alexandre de Moraes to order his preventive detention.

Their argument: he didn't hand over his passports within the 24-hour deadline, he left the country despite the ban and not even his own lawyers knew where he was. They also asked for the Prosecutor General's Office to give its opinion before the judge decides.

On Wednesday, the Supreme Federal Court clarified that there is no search warrant against him or his homes: Moraes's decision was limited to the passports.

For now there is no arrest warrant: the decision is in the hands of Justice Alexandre de Moraes.

What is an Interpol red notice?

The same lawmakers asked that, if an arrest warrant is issued, his name be placed on Interpol's red notice list, with alerts to Argentina, the United States and the other Mercosur countries.

A red notice is not an international arrest warrant: it's an alert asking police around the world to locate a person. Each country then decides whether to detain them.

Can he be extradited?

In theory, Brazil could request it. But Lula's own government doesn't believe the United States would agree, according to journalist Jamil Chade, of ICL Notícias. President Donald Trump has already said he approves of his arrival, and the State Department is issuing him visas. We cover that in [this story](flavio-trump-visas.html).

Did he apply for asylum?

No asylum request has been confirmed. For now, what he has are visas. Some experts believe he could apply for asylum later, claiming political persecution, as he and those close to him say they suffer.

Does he lose his Senate seat?

No, at least not for now. Flávio remains a senator for Rio de Janeiro until January 31, 2027. As SBT News explains, leaving the country doesn't automatically cost him his seat: he could only lose it through repeated unjustified absences from sessions or through proceedings for breaching parliamentary decorum.

What comes next?

Everything depends on Justice Moraes. He can order his arrest, impose other measures or wait for the prosecutors' opinion. Meanwhile, Flávio is in Florida, with his family and with Trump's backing.

If you want to understand how it all began, here's [how he left Brazil](flavio-eeuu.html) and [how the election he lost to Lula went](brasil-lula.html).