Minister Luís Felipe Salomão, of the Superior Electoral Court (TSE), voted today (19) to revoke the mandate of state deputy Delegate Francischini (PSL-PR) for untrue statements about fraud in electronic voting machines.
The understanding was also followed by ministers Mauro Campbell and Sergio Banhos. Next, Carlos Horbach asked to see the case. The resume date has not been set.
The ministers judge an appeal by the Electoral Public Ministry (MPE) against the decision of the Electoral Court of Paraná, which denied the request for the congressman’s impeachment
According to the indictment, in the first round of the 2018 elections, Francischini broadcast live on social networks and claimed that two electronic ballot boxes were found tampered with during the voting. By allegations, the MPE asked for the revocation of the mandate for abuse of power and misuse of the media to spread false information.
At the TSE, the rapporteur of the case, Minister Luís Felipe Salomão, voted for the impeachment of the state deputy. Salomão said Francischini led millions of voters astray by making false claims because no fraud was found at the ballot boxes. In addition, the minister stressed that the transmission was made before the closing of the voting.
For the rapporteur, unfounded attacks on the voting system must be punished and parliamentary immunity cannot be used to avoid accountability. At the time of the campaign, the delegate held the position of federal deputy.
“The candidate who promotes unreasonable attacks on the electronic voting system and democracy, as in this case, using his political power, being a beneficiary of the conduct of third parties, may be punished by the Electoral Court in the examination of the concrete case”, stated.
If the impeachment is determined by the TSE, the congressman may also be ineligible for eight years. The measure will also imply the annulment of votes and the new calculation of the electoral quotient for the composition of the deputy’s bench.
Defense
Attorney Gustavo Kfouri stated that the deputy “committed an unhappiness” and deleted the video from his personal Facebook page. According to the defense, the page on the social network cannot be considered as a means of communication. Furthermore, Francischini would have parliamentary immunity at the time of the facts and cannot be held responsible for his speeches.
“At the end of the election, at exactly 4:38 pm, with only 22 minutes to 5:00 pm, he made a video on his personal Facebook profile, reporting unfortunate statements, which ended up being retracted by the parliamentarian and denounced the video, which it was not available”, said the defense.
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