Deputy Attorney General for Electoral Affairs cites the absence of necessary requirements to determine the ineligibility of the former president
The Deputy Attorney General for Electoral Affairs, Paulo Gonet Branco, presented this Tuesday (October 10, 2023) an opinion opposing the merits of 3 actions that call for the ineligibility of the former president Jair Bolsonaro (PL) no TSE (Superior Electoral Court).
In the session, Gonet Branco said that he did not find “the indispensable set of requirements to inflict the penalty of ineligibility”. The opinion was presented shortly after the oral arguments of the defense and the accusations in the Electoral Court.
The TSE jointly analyzes 3 actions that call for the former president’s ineligibility for abuse of political power in the 2022 elections. The president of the court, minister Alexandre de Moraes, suspended the trial this Tuesday (10.Oct). The analysis will resume on October 17th, with the reading of the vote of the rapporteur, minister Benedito Gonçalves and the other ministers.
The actions concern the use of the structure and public assets to promote campaign acts. They deal with carrying out lives electoral broadcasts broadcast by the then President of the Republic from Palácio do Planalto and Palácio da Alvorada. In addition to Bolsonaro, the then candidate for vice president, Walter Braga Netto (PL), is also a target.
The Deputy Attorney General for Electoral argued that there were inconsistencies in one of the actions analyzed. He stated that in one of the actions, the evidence is based on newspaper reports, which could not justify a possible conviction.
“There are no elements in the file that allow, with certainty, to confirm that the demonstrations of support produced in public buildings had a substantial impact on the legitimacy of the elections. The indispensable proof of a deviation of purpose qualified by the consequence of the breach of the legitimacy of the election, through a concrete compromise of the balance between electoral competitors, was not produced.”said White Gonet.
In the trial that made Bolsonaro ineligible, held throughout June, the deputy attorney general of the Republic spoke out in favor of the former president’s conviction. According to him, the action judged at the time had serious evidence that Bolsonaro “sought to discredit the electronic voting and electoral counting system”.
Know what each action says
Action presented by the PDT (Democratic Labor Party) calls for Bolsonaro’s ineligibility due to abuse of political power due to lives held on the premises of Palácio da Alvorada. The party alleges irregularities in a broadcast on September 21, 2022, when the then president recorded in the library of his official residence. At the time, he announced that he would make daily broadcasts to publicize candidacies and strengthen the bench in Congress.
According to the PDT, Bolsonaro used “the entire furniture of the Palácio da Alvorada, including the services of the sign interpreter, paid for by the treasury, for the broadcast of the electoral live broadcast”. The caption also claims that the former president used his position to attract audiences to the broadcasts.
- Transmission irregularities:
The action also presented by PDT has a similar nature to the previous process. However, the party claims there were irregularities in the broadcast carried out on August 18, 2022, when Bolsonaro asked for votes for himself and 17 political allies. The former president showed the “saint” from each of them.
“The purpose of the live was drastically distorted, as it turned into an online rally’, lasting almost an hour, with the former president himself, close to 43 minutes into the broadcast, using the expression ‘time free election’“, says the party.
Action presented by the Brazil of Hope Coalition, part of the president’s campaign Luiz Inácio Lula da Silva (PT), argues the former president’s abuse of political power by holding press conferences on Planalto’s premises to publicize his new political allies.
The interviews were carried out on October 3 and 6, 2022, when Bolsonaro announced the support received from the governors of Acre, Amazonas, Goiás, Mato Grosso, Minas Gerais, Rondônia and Roraima.
The coalition also states that the former president received several artists at the Palácio da Alvorada to carry out propaganda in favor of his campaign. According to the document, the then candidate for re-election used the public building’s furniture and distorted the purpose of the public good.
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