12/08/2024 – 21:57
On Monday, the 12th, the PSB filed a motion to challenge the registration of influencer Pablo Marçal (PRTB) as a candidate for Mayor of São Paulo. In the representation sent to the Regional Electoral Court of São Paulo (TRE-SP), the party of fellow candidate and federal deputy Tabata Amaral argues that Marçal does not meet the minimum party membership requirement required by the PRTB itself for its members to be able to run for election under the party.
According to the representation, the PRTB statute establishes a general membership period of six months, but a specific rule imposes a different requirement for provisional party bodies, such as the municipal directory of São Paulo. In this case, the candidate must have been a member for at least six months as of the date of the party convention.
Since Marçal joined the PRTB on April 5 and the convention that chose him as candidate took place on August 4, he would not have met the deadline stipulated by the statute, argues the PSB in the lawsuit. When contacted to comment on the case, the PRTB candidate did not respond by the time this report was published. The space remains open for any clarifications.
The PSB bases its argument on the principle of specialty (lex specialis derogat legi generali), which ensures the prevalence of the specific rule over the general rule, thus defending the application of the most restrictive rule in Marçal’s case.
“It is requested that the defendants be summoned to present their defenses within the legal period of 7 days and that, after the regular processing of the case, the objection to reject the registration of Pablo Marçal’s candidacy be deemed admissible”, says the representation sent to TRE-SP.
Also on Monday, the PSB filed another complaint against Pablo Marçal, accusing him of running an early campaign due to a raffle he promoted on social media. In the post, Marçal appears in a photo making the letter “M” with his hands, wearing a cap with the character embroidered on it. In the caption, he invites his followers to tag three people in the comments to “compete for the M cap.”
In a note about the case, the PRTB legal department stated: “The campaign respects the decisions of the electoral court and complies with them within the stipulated deadline.”
The Electoral Court accepted the PSB’s request and notified Marçal for early electoral propaganda, ordering him to remove the publication within 24 hours.
When this report was published, the post had already been deleted. “The person represented is running for Mayor of São Paulo. Electoral legislation classifies pre-campaign acts that exceed the limits of means, form or instrument prohibited during the campaign period as illicit advance propaganda,” the decision states.
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