Decision meets PRE’s request; prosecutor defends that the politician’s candidacy for the Senate be challenged
The TRE-RJ (Regional Electoral Court of Rio de Janeiro) determined on Wednesday (24.Aug.2022) the suspension of transfers of resources from the Electoral Fund to the deputy’s campaign Daniel Silveira (PTB-RJ) to the Senate. The amounts already paid must be returned.
If the return is not made, a fine of 10% will be charged on the amount received. If the PTB transfers another amount to Silveira, the party will also be fined 10% of the amount. Here’s the intact of the judgment (322 KB).
The determination of the TRE-RJ complied with a request from the PRE (Regional Electoral Prosecutor’s Office). The prosecutor’s office wants Silveira’s candidacy to be challenged. This is because the congressman was condemned by the STF (Federal Supreme Court) for attacks on democratic institutions. In addition to the sentence of 8 years and 9 months in prison, the politician became ineligible for 8 years.
In April, President Jair Bolsonaro (PL) granted a pardon to Silveira. Prosecutors say, however, that the presidential pardon does not remove side effects of the sentence, such as ineligibility.
TRE-RJ also cites this understanding. The judgment mentions statements by Minister Alexandre de Moraes, of the STF, and the Attorney General of the Republic, Augusto Aras, in the sense that the ineligibility continues despite the pardon.
The suspension of access to public funds for Silveira’s campaign also took into account TSE jurisprudence. Minister Carlos Horbach suspended transfers to the candidacy of Roberto Jefferson (PTB) to the Presidency on 19 August.
At first, despite having run out of campaign funds, Silveira continues with the active candidacy and will be able to participate in the free election time.
“Thus, in line with what the learned Minister Carlos Horbach decided, candidate Daniel Silveira must have limited his access to funds that come from the Special Fund for Campaign Financing and/or from the Party Fund, but preserved, for now, at least before opportunity for the contradictory, the other campaign acts, including using the free electoral time” is stated in the text.
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