Plenary analyzed several cases of fictitious female candidates with proven fraud of the so-called gender quota
In the 1st half of the 2023 Judiciary Year, the TSE (Superior Electoral Court) made important decisions in judgments that established jurisprudence on various topics in the Court.
In the most prominent decision of the semester, the Plenary judged, in the last weeks of June, the Electoral Judicial Investigation Action (Aije) 0600814-85 and declared former president Jair Bolsonaro ineligible for 8 years for the practice of abuse of political power and misuse of the media, for making electoral use of a meeting held with foreign ambassadors, at Palácio da Alvorada, on July 18, 2022.
Read other relevant moments in the 1st semester:
Democracy will not be shaken
In a speech on Feb. 1, at the opening session of the 2023 Judiciary Year at the TSE, the president, Minister Alexandre de Moraes, cited the acts of January 8 that dilapidated the headquarters of the Three Powers of the Republic. “Brazilian democracy will not be shaken and, much less, destroyed by criminals. Its defense and that of its institutions is non-negotiable, being the reason for the existence of the Electoral Justice and the TSE”he said.
In his speech, the minister reinforced that the presence of criminal activities within the scope of a Democratic State of Law was unjustifiable, which culminated in episodes of depredation of public buildings and in the attempt to intimidate the constituted powers in the country.
“The despicable terrorist attacks on democracy and republican institutions will be held responsible, as well as the financiers, instigators and past and current conniving and criminal public agents, who continue in the illicit conduct of the practice of anti-democratic acts”he stated.
Electoral Justice is competent
On Feb 2, the TSE confirmed the competence of the Electoral Justice to prosecute and judge criminal proceedings in which there is a connection between common crimes and electoral crimes. The result of the judgment followed the vote of the rapporteur, Minister Carlos Horbach, in denying an appeal by the Electoral Public Ministry that questioned the decision of the Regional Electoral Court of Paraná (TRE-PR).
In the case, the regional had already recognized the competence of the Electoral Justice in processes that investigate ideological falsehood and irregularities in the rendering of accounts of candidates investigated in the scope of Operation Sinecuras, more specifically in the phase called “Vida Fácil”, which is being processed by the Criminal Court of Araucarias (PR).
Disapproval of party bills
The TSE disapproved, in February, the rendering of party accounts of the Republican Party of the Social Order (Pros), later incorporated, in the same month, to Solidariedade, and of the Progressive Republican Party (PRP), incorporated by Patriota, determining, respectively, the return of R$ 1,893,583.78 and R$ 551,586.09 to the National Treasury.
In May, the TSE disapproved the accountability of 3 parties: Partido da Causa Operária (PCO), from 2020, Democracia Médica (DC) and Partido da Mobilização Nacional (PMN), both from 2019. The Court determined that the subtitles return to the National Treasury, respectively, BRL 4,500, BRL 54,500 and BRL 376 thousand.
In June, the Plenary disapproved the accounts of the Brazilian Labor Party (PTB), for 2018, and determined that the party return R$ 4,347,683.76 to public coffers.
Combating gender quota fraud
Even with the firm commitment of the Electoral Justice and with affirmative actions that seek to guarantee more women in politics, the Court judged several cases of fictitious female candidacies with proven fraud of the so-called gender quota.
Throughout the semester, the Court found gender quota fraud, practiced by certain parties, in female candidacies for the position of councilor in the 2020 Elections that took place in Barra de São Miguel (AL), Canindé de São Francisco (SE), Araruama (RJ), Elias Fausto (SP), Quixadá (CE), Maruim (SE), Tacuru (MS), São Fidélis (RJ), Blumenau (SC), Tururu (CE), Silva Jardim (RJ), Itaiçaba (CE) ), Sobradinho (BA), Currais Novos (RN), Mossoró (RN), Roteiro (AL), São Miguel dos Campos (AL), Porto Real do Colégio (AL), Leópolis (PR), Andradina (SP) and Itaberaba (BA).
Agility of view requests
In an administrative session still in February, the TSE approved changes to the Court’s Internal Regulations and established a deadline for the return of cases with requests for review – that is, when a minister requests more time to analyze a case –, suspending the respective judgment.
Under the new instruction, magistrates have a period of 30 days, extendable for another 30, to return to trial the cases in which they request to be seen. If the deadline is not met, the processes will be automatically released for the continuation of the trial. The resolution was reported by the President of the Court, Minister Alexandre de Moraes.
Order of Merit of the TSE Assis Brasil
In March, the President of the Federal Senate and National Congress, Senator Rodrigo Pacheco, was awarded the Order of Merit medal by the Superior Electoral Court Assis Brasil. At the ceremony, he reaffirmed his full confidence in the electoral process, in the Electoral Justice and in the Brazilian electronic system for collecting and counting votes.
Coalition parties can appeal alone after elections
The TSE confirmed, in April, that the parties that participate in coalitions to launch candidates have legitimacy to act individually when the elections are over.
Cancellation of registration of Deltan Dallagnol
In May, the TSE Plenary revoked the candidacy registration of Deltan Dallagnol, elected federal deputy by Podemos in the 2022 Elections. The ministers decided, however, that the votes granted to him would be computed in favor of the party for which he ran.
The Court’s decision was taken after analyzing appeals presented by the National Mobilization Party (PMN) and by the Brasil da Esperança federation, both from Paraná, against the judgment of the Regional Electoral Court of Paraná (TRE-PR) which had granted the candidacy registration of the political.
The appellants argued that Dallagnol was ineligible, as he requested dismissal from the position of public prosecutor while analyzes of disciplinary complaints, investigations, requests for measures and Disciplinary Administrative Process (PAD) against him were pending.
Electoral Justice supports elections of guardianship councilors
The TSE approved, in June, a resolution that deals with the support of the Electoral Justice to the elections of members of the Tutelary Council throughout the national territory. The Minister of Human Rights and Citizenship (MDH), Silvio Almeida, accompanied the session.
Contribution from party members
Also in June, the Court reaffirmed jurisprudence according to which no party can impose mandatory contributions on affiliates. The decision was taken in the analysis of statutory amendments presented by the Citizenship party.
With information from TSE Agency
#TSE #judged #cases #1st