One of the four senators on the committee who support the president is his son Flavio Bolsonaro. The report, which he will vote on next week, will also recommend a criminal complaint against him.
In addition to the murder and genocide charges, the report recommends nine other charges against Mr Bolsonaro, including forgery of documents and “crimes against humanity”.
If the report is approved, the Brazilian Attorney General will have 30 days to decide whether to bring criminal charges against Mr Bolsonaro and the others named in the report. Brazil’s lower house in Congress would also have to approve the charges against Bolsonaro. Mr De Souza said the outcome was unlikely: Mr Bolsonaro appointed the Attorney General who remains his supporter and his supporters control the House of Commons.
Mr Calheiros said if the attorney general did not bring charges against the president, the Senate committee would seek other potential legal avenues, including the Brazilian Supreme Court and the International Criminal Court in The Hague.
If Bolsonaro is formally charged, he will be suspended for 180 days while the Supreme Court settles the case, said Irapuã Santana, a law professor at Rio de Janeiro State University. If convicted, he would be expelled from the presidency for eight years and face years of imprisonment, Santana said. There is no death penalty in Brazil.
Mr Bolsonaro, Brazil’s 38th President, would not be the first to face murder charges. Brazil’s 13th President, Washington Luis, was arrested in 1930 and charged with murder after an opposition politician was murdered, Santana said. After Mr. Luis was deposed, the military took control and appointed a political rival as president.
The three presidents who preceded Mr Bolsonaro also all had their own legal problems.
Michael Temer, a center-right president, was Arrested on corruption charges which were later dropped. Dilma Rousseff, Brazil’s first female president, was charged in 2016 she manipulated the federal budget because of allegations. And Luiz Inácio Lula da Silva, a leftist who ran the country from 2003 to 2010, was imprisoned for 19 months on corruption charges. she were canceled this year and he now leads Mr Bolsonaro in the polls in the 2022 presidential race.