Action was presented by the former president and his vice, Braga Netto, in the 2022 campaign; asked for the case to go to the STF
The president of the TSE (Superior Electoral Court) Alexandre de Moraes rejected the former president’s appeal Jair Bolsonaro (PL) against the Court’s decision that made him ineligible for 8 years in 2023. The appeal was presented by the defenses of Bolsonaro and the candidate for vice president on his ticket in 2022, general Walter Braga Netto (PL). They asked for the action to be analyzed by the STF (Supreme Federal Court).
The magistrate’s action was signed on Friday (May 24, 2024), but only published this Sunday (May 26). Here’s the complete (PDF – 341 kB).
A new appeal, however, may still be presented by the defense to the STF itself. The electoral court made Bolsonaro and Braga Netto ineligible in 2023 for abuse of political and economic power during the celebration of the 200th anniversary of Brazil’s Independence, on September 7, 2022.
MORAES DECISION
In the decision, Moraes said that the appeal did not follow the legal requirements for this type of action. The magistrate also denied allegations by Bolsonaro and Braga Netto that there was “restriction of the right of defense” of the 2 and that the Court’s decision would have violated the Constitution.
“The controversy was decided based on the peculiarities of the specific case, so that changing the conclusion of the appealed judgment presupposes a change in the factual and evidentiary set of records, a measure that proves to be incompatible with the Extraordinary Appeal”said Moraes.
INELIGIBILITY
On June 30, the TSE determined Bolsonaro’s ineligibility. The former president was found guilty by ambassadors at the Palácio da Alvorada, in July 2022, where criticized the Brazilian electoral system, electronic voting machines and the actions of the STF and TSE.
At the time of this trial, the ministers did not declare Braga Netto. They understood that there was no participation on his part in the act.
However, on October 31, 2023, the Electoral Court established Braga Netto’s ineligibility for the Brazilian Independence event in 2022. Bolsonaro was also convicted of the acts, but the former president was already ineligible and the sentence did not add to what was already determined by the TSE in June.
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