By a vote of 5 to 2, the Superior Electoral Court (TSE) condemned former president Jair Bolsonaro to ineligibility for a period of eight years on Friday (30). With this ruling, the former president is barred from running in elections until 2030. An appeal against the decision is possible.
The TSE judged Bolsonaro’s conduct during a meeting held with ambassadors in July of last year at the Palácio da Alvorada, where he attacked the electronic voting system. The legality of the meeting was questioned by the PDT.
Earlier, after a majority of votes formed against the former president, the trial proceeded to the final vote, delivered by the court’s president, Minister Alexandre de Moraes, who sided with the majority to condemn Bolsonaro for abuse of political power and improper use of communication means.
According to the minister, Bolsonaro used public resources to attack the Judiciary and its members during the meeting and to spread misinformation and fraudulent news to discredit the voting system. Among his statements, Bolsonaro insinuated that it would not be possible to audit voters’ ballots.
Votes
After four sessions of trial, in addition to Moraes, Ministers Benedito Gonçalves, Floriano de Azevedo Marques, André Ramos Tavares, and Cármen Lucia voted to condemn the former president.
Ministers Raul Araújo and Nunes Marques expressed their opposition to Bolsonaro’s condemnation. According to them, the meeting did not have sufficient gravity to warrant ineligibility.
Braga Netto
Unanimously, the TSE acquitted General Braga Netto, candidate for vice president of the Republic on Bolsonaro’s ticket in the 2022 elections. All ministers agreed that he had no connection to the meeting. His name was included in the process by the PDT.
2030
Under electoral legislation, Bolsonaro is ineligible for eight years and will only be able to run again in 2030. According to TSE Summary 69, the counting of the period starts from the date of the first round of the 2022 elections, held on October 2. The ineligibility will end on October 2, 2030, four days before the first round, scheduled for October 6.
Appeal
Bolsonaro’s defense may appeal to the TSE itself and the Supreme Federal Court (STF). Three of the seven TSE ministers are also part of the STF and may participate in the judgment of any appeal.
According to the court’s internal rules, ministers who serve on the electoral court are not automatically barred from judging constitutional issues in cases originating from the TSE.
Defense
On Thursday (22), the first day of the trial, Bolsonaro’s defense argued that the meeting had no electoral bias and was held as an “institutional counterpoint” to suggest changes to the electoral system.
According to lawyer Tarcísio Vieira de Carvalho, the meeting took place before the electoral period, on July 18, 2022, when Bolsonaro was not an official candidate for the presidential election. Thus, according to the defense, only a fine would be appropriate as punishment, not the declaration of ineligibility.
Reproduction Agência Brasil
Original text at the link: https://bit.ly/3NyOslh