Court rules on whether ex-president committed abuse of political power and misuse of media in meeting with ambassadors
The Higher Electoral Court (TSE) resumes this Thursday 29, the process of the action that could make former President Jair Bolsonaro (PL) ineligible for eight years. This is the last day of the session, which should already decide on Bolsonaro’s political future.
Last Tuesday 27, the rapporteur and minister Benedito Gonçalves, voted the ineligibility of the former head of the Executive for having committed abuse of political power and
This Thursday it’s up to the other six ministers to cast their vote. The first will be Raul Araújo, close to the former president. According to Ansa, Bolsonaro and his allies hope that today the magistrate will ask for a review, postponing the verdict for 90 days.
Then, the ministers Floriano Marques, André Ramos Tavares, Carmen Lúcia, Kassio Nunes Marques and the president of the TSE, Alexandre de Moraes will vote.
Former President Jair Bolsonaro and his vice presidential candidate, Walter Braga Netto, are accused of abuse of political power and misuse of the media. Braga Netto was acquitted of the charge in Benedito Gonçalves’ vote, because his responsibility for the illicit practices denounced in the documents had not been demonstrated.
The president of the Superior Electoral Tribunal, Minister Alexandre de Moraes, has set 3 dates for the trial of the former president: 22, 27 and 29 June.
defensive strategy
Jair Bolsonaro’s lawyer, Tarcísio Vieira de Carvalho Neto, said he will appeal to the Federal Supreme Court (STF) if the TSE decides for the former president’s ineligibility.
However, this possibility can only be implemented after all appeals to the Electoral Court have been exhausted. In this case, the defense must present the “request for clarification”, which allows the defendant to challenge any contradictions or omissions in the judgment.
It is important to underline that this appeal has no power to modify the decision and does not suspend a possible ineligibility.
understand the case
In July 2022, a meeting took place at the Palácio da Alvorada between former president Jair Bolsonaro and the ambassadors.
During the meeting, Bolsonaro questioned the outcome of the 2018 electoral system, raised questions about the safety of electronic voting machines and criticized ministers of higher courts. The event was broadcast on TV Brasil.
The PDT has called for the ineligibility of the former president and the impeachment of Bolsonaro’s ticket with General Braga Netto.
In addition, the party has also called for the exclusion of videos from content published by Agência Brasil, which has already been done.
Rating so far
In the session of last Thursday 22, the rapporteur of the case presented the complete report of the action, which consists of a 43-page document.
Subsequently, the representatives of the PDT, the former president and General Braga Netto carried out their oral arguments before the court.
The Deputy Attorney General of the Republic, Paulo Gustavo Gonet Branco, said Bolsonaro committed an abuse of political power by convening a meeting with ambassadors and questioning the electoral process, raising questions about his integrity.
After the presentation of the opinion of the Electoral Public Prosecutor (MPE), in which Bolsonaro’s ineligibility was defended, the trial was interrupted.
Tuesday’s session began with the opinion of the rapporteur of the case, Minister Benedito Gonçalves, who communicated that the text of his vote is 382 pages, supported by transcripts and “rigorous analysis of all the evidence”. “It is not possible to turn a blind eye to the effects of anti-democratic speeches and lies,” he said during his speech.
One of the first questions raised by the rapporteur was that relating to the inclusion in the process of the so-called “draft of the coup”. This document was seized during the investigation into the acts that took place on January 8, at the residence of former minister Anderson Torres.
Gonçalves said he was in favor of including the draft in the trial, as well as elements on the January 8 attacks, as these were “facts relating to the request” of the action. The draft’s inclusion had already been approved by the TSE in February, he recalls.
In his closing remarks, Benedito Gonçalves said Bolsonaro created a “non-existent conspiracy” by discrediting electronic voting machines and the TSE. The minister also believed that there was an abuse of political power by the former president while he was in office.
Source: Terra
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