Conviction aggravates isolation of toucan in PSDB and Sebrae – 05/26/2023 – Power
A decision by the STJ (Superior Court of Justice) that confirmed the conviction for administrative improbity of the president of the state PSDB of São Paulo, Marco Vinholi, increased the isolation of the leader in his own party and in Sebrae-SP (Serviço Brasileiro de Apoio à Micro and Small Companies), where he holds the position of technical director and has a salary of R$ 53,619.
Behind the scenes, toucans assess that the case could accelerate the departure of Vinholi from the command of the PSDB in São Paulo, something that has been expected since the governor of Rio Grande do Sul, Eduardo Leite, assumed the national presidency of the party, in January, with the intention to promote change.
Minister Og Fernandes, of the STJ, denied in August 2021 an appeal by Vinholi and maintained a second instance decision of the Court of Justice of São Paulo, which revoked the political rights of the toucan for five years, determined the payment of a fine and prohibited him to enter into contracts with the government for three years.
The sanction of loss of political rights, however, is only applied when there are no more possible appeals – the action is still being processed by the STJ.
The 6th Chamber of Public Law of the TJ-SP, in the judgment made in 2016, considered that the City Hall of Catanduva (SP), at the time under the command of Vinholi’s father, used events and official communication to promote the toucan’s candidacy for deputy state in 2014.
Linked to João Doria and Rodrigo Garcia, Vinholi, 38, who was a young PSDB promise in São Paulo, was swallowed by the electoral shipwreck of the party and its former governors.
Unprotected in the party with the rise of Leite, Doria’s internal rival, and in Sebrae, with the election of Tarcísio de Freitas (Republicans), the toucan began to have his condemnation redeemed by detractors.
Vinholi, who was elected as an alternate in the Legislative Assembly of São Paulo in 2014 and 2018, did not run in 2022. He argued that Doria’s commitment to the Presidency of the Republic and Rodrigo to the government prevented him from dedicating himself to the election itself.
Toucans in São Paulo, however, claim that Vinholi also avoided the campaign so that the accusations would not surface again.
In 2015, the Electoral Justice of São Paulo even revoked his diploma and declared him ineligible, which was reversed by a preliminary decision by the TSE (Superior Electoral Court).
In the 2018 election, the conviction for impropriety in the second instance, which is a reason for ineligibility according to the Clean Record Law, was analyzed again, but Vinholi was released to run because there was no illicit enrichment.
Lawyers consulted by Sheet they said that, if Vinholi were elected in the 2022 election, he could have his mandate revoked with the final judgment of the improbity action, which should occur during the current legislature, they believe.
Vinholi denies that he aborted his candidacy because of the process.
“It is public and notorious, especially with PSDB affiliates, that the candidacy did not occur by personal choice and by virtue of political commitments previously assumed with the then candidate for the state government and with the candidates for the positions of federal deputy and state deputy. , being the legal representative of the entire coalition in the elections”, says a note sent by Vinholi’s advisory.
“What is noticeable is the anticipation of the political debate of the next elections”, completes the text, in reference to the political dispute that brought the case to light.
The conviction complicates Vinholi’s situation on two fronts. In the PSDB, currently under the influence of Leite, Vinholi no longer finds the protection he had with Doria, now a former toucan, and Rodrigo, who is not involved in the party and should even disaffiliate.
The connection with Doria, for whom Vinholi was Secretary of Regional Development, puts him in internal opposition to Leite and fuels mutual distrust. The gaucho wants to promote a renewal of the party in São Paulo, which involves placing names he trusts in the state executive.
In a context of disbanding of mayors in the state, PSDB leaders in São Paulo complain that there is a lack of action by Vinholi to rebuild the party, which increases the pressure for his departure.
wanted by Sheetthe PSDB declared that it would be up to the state directory to respond to the questions in the report.
The press office for Vinholi and the state directorate stated that he “is in full exercise of his political rights” and is convinced that he will not lose his political rights for not having participated in the facts.
On another front, Vinholi hoped to remain this year as director-superintendent of Sebrae, a position he assumed in 2022. The Government of São Paulo has a majority in the council that chooses the head of the private entity.
Members of the PSDB summit made this claim to Tarcísio, but the group linked to Guilherme Afif (PSD) took charge of the body, jettisoning Vinholi for the technical board.
As in the new PSDB, Vinholi is a minority in Sebrae and does not have the support of the entity’s leadership. Therefore, the assessment among members of the body is that the maintenance of the toucan is at risk if the conviction for impropriety is taken to the ethics committee. Among Tarcísio’s allies, there is no willingness to save the toucan.
Sought by the report, the Sebrae-SP advisory stated that the entity “is not aware of a lawsuit that imposes the loss of political rights or establishes other limitations on director Marco Vinholi”. The Tarcísio government did not respond.