SAO PAULO (AP) — A Brazilian Supreme Court justice has turned down a request by President Jair Bolsonaro's son, Flavio Bolsonaro, to suspend a probe into suspicious payments made to his former driver.

Defense lawyers had argued that the case must be decided by the Supreme Court because Flavio Bolsonaro was a senator-elect.

Justice Marco Aurelio Mello ruled that the privilege enjoyed by politicians in Brazil did not apply because the alleged crimes were committed before Flavio Bolsonaro took office as a federal lawmaker.

Friday's decision by Mello reopens the prosecutors' investigation in Rio state.

Mello's decision came on the same day Flavio Bolsonaro was sworn in as senator.