Although Mr Bolsonaro posted the video after the riot and deleted it in the morning, prosecutors argued that its content was sufficient to justify investigating his conduct beforehand.
Otherwise, he has refrained from commenting on the election since his defeat on Oct 30, but has not yet formally conceded, despite Lula taking office.
In the run-up to the election, Mr Bolsonaro questioned the reliability of the electronic voting system and afterwards filed a request to annul millions of ballots cast using the machines, which was rejected.
Following the justice’s decision, Frederick Wassef, Mr Bolsonaro’s lawyer, said in a statement that the former president “vehemently repudiates the acts of vandalism and destruction” from Jan 8, but blamed supposed “infiltrators” of the protest.
The statement also said that Mr Bolsonaro “never had any relationship or participation with these spontaneous social movements”.
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