Eduardo Bolsonaro, 40, moved to Washington in February, where he started a campaign to drum up support for his father -- an ally of US President Donald Trump.
Earlier this month, the Supreme Court led by justice Alexandre de Moraes began hearing from key witnesses in the case.
It said he had allegedly sought sanctions against them, including the withdrawal of US visas and the freezing of assets.
Moraes ordered that both Bolsonaros be questioned by police within ten days.
Eduardo Bolsonaro had welcomed Rubio’s statement on social media, saying: “We will win.”
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