Lawyers for President Luiz Inácio Lula da Silva (PT) have cited poor public participation at the Labor Day event, called by Union Centrals, on May 1, as an argument to try to free the PT member from an electoral fine for campaigning early. According to the defenders of the head of the executive, the 1,635 people present in the parking lot of the Arena Corinthians, in the east of the capital of São Paulo, are unable to influence the elections in São Paulo. On this occasion, Lula asked federal deputy Guilherme Boulos, PSOL’s pre-candidate for mayor, for an explicit vote.
The action proposed by the Novo party, which has Marina Helena as its pre-candidate for mayor, is close to being sentenced. The Public Electoral Ministry (MPE) claims that Lula will be sentenced to pay a sum close to the maximum, i.e. R$25,000.
According to Lula’s lawyers, the Court must consider that the event did not reach a significant number of participants. “It is essential that this illustrious tribunal considers the low harmful potential of the conduct for the upcoming electoral elections. The Electoral Prosecutor points out that the event was attended by 1,635 people, in addition to the authorities and trade union leaders, however it is not certain that all those present at the event are voters from the Municipality of São Paulo, especially because, as mentioned, the event had a ‘large turnout’, as it was promoted by the unions”, we read in an extract of the document.
“In truth the so-called Union Centrals have members in all States of the Federation, who were present at the event. Therefore it is clear that – even if there was evidence of this so-called ‘influence’ – 1,635 voters are not capable of influencing, especially , the municipal mayoral elections of São Paulo (the largest municipality in Brazil, with approximately 10 million voters),” the document continues.
The defense also claims that even the broadcast via social networks had no power to influence the elections in São Paulo. Preliminarily, the election court ordered the removal of the videos. For PT defenders, the initial action does not include data on viewing of the broadcast.
“If this were not enough, even considering the data taken from YouTube – which is only admitted on the basis of the principle of eventuality – it should be noted that these 63 thousand views do not have the power to influence the municipal elections for the office of mayor of São Paulo, even if all the opinions came from the voters of São Paulo (a hypothesis that, due to the algorithmic reality of the platform, borders on the impossible. Taking into account the same equation carried out previously, the city of São Paulo has around 10 million voters), so these opinions would represent approximately 0.63% of the voters of the Municipality of São Paulo, which is certainly not capable of influencing the elections”, argue the lawyers.
On stage at the event, Lula called on Boulos to apply, even though the period for conferences and nomination registrations will only open in July. “No one will defeat this guy here if he votes Boulos as mayor of São Paulo in the next elections. And I will make an appeal: all those who voted for Lula, in 1989, in 1994, in 1998, in 2006, in 2010 (that year the candidate was Dilma Rousseff) and in 2022, we must vote Boulos as mayor of São Paulo”, the president said at the time. Lula’s defense also mentions in the documents that the speech of the President of the Republic is protected by freedom of expression.
Analyzing Lula’s sentence, the public prosecutor of São Paulo’s Second Electoral Zone, Nelson dos Santos Pereira Júnior, said that electoral legislation had not been respected. “It is evident, therefore, the explicit request to vote, made by the represented Luiz Inácio, to the represented Guilherme Boulos for the position of mayor of São Paulo, in a public event with great participation, promoted by the unions. It should be noted that the represented Luiz Inácio, as President of the Republic and political leader who has already received votes from millions of voters across the country, by making an explicit request to vote in favor of Guilherme Boulos as mayor of São Paulo, has exerted a strong influence on voters who will go to the polls in the next municipal elections”, specifies Pereira Júnior in the opinion.
Source: Terra
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