In addition to the PDT action, Bolsonaro responds to 15 other processes at the TSE

In addition to the action filed by the PDT, which will be judged again this Thursday (29), former president Jair Bolsonaro accumulates another 15 Electoral Judicial Investigation Actions (Aijes) in the Superior Electoral Court (TSE) that ask for his ineligibility and were presented in 2022. The accusations are of abuse of economic and political power, in addition to misuse of social communication media.

They are processed under the report of Minister Benedito Gonçalves, General Inspector of Electoral Justice. Some have preliminary injunctions already handed down, but all are still pending resolution on the merits.

Other actions are still in the hearing phase, such as the one in which the then Minister of Foreign Affairs, Carlos França, was heard on December 19. The former foreign minister spoke about the meeting held by Bolsonaro with diplomats on July 18, 2022, at Palácio da Alvorada. The judged action accuses the president of abuse of the media and political power by using the TV Brazilstate channel, to replay the event.

The ex-president’s defense alleges that the meeting was not electoral in nature and that it took place before the election period.

Find out what are the Aijes against Bolsonaro:

abuse of political power

0601665-27.2022.6.00.0000: Filed by the Coligação Brasil da Esperança, of the then candidate and now president Luiz Inácio Lula da Silva (PT), the lawsuit alleges that Bolsonaro carried out an electoral campaign in public assets of the federal government, such as the Planalto and Alvorada palaces.

0601212-32.2022.6.00.0000: In another action, the PDT accuses the former president of performing lives on the premises of the two palaces. For the party, the equipment cannot be used for transmissions because they are public and intended for use by the President of the Republic.

0600828-69.2022.6.00.0000: Ciro Gomes’ party also calls for the ex-president’s ineligibility for “carrying out a campaign act during the parade marking the 200th anniversary of independence. On September 7 of last year, Bolsonaro left the official presidential platform and participated in a demonstration that took place in the central construction site of the Esplanada dos Ministérios.

Abuse of power and misuse of social media

0601522-38.2022.6.00.0000: Filed by the Coligação Brasil da Esperança, the lawsuit states that Bolsonaro “promoted and propagated misinformation about the electoral system.

0601483-41.2022.6.00.0000: Another lawsuit also accuses the former president, General Braga Netto and the former president of Jovem Pan, Antônio Augusto Amaral de Carvalho Filho (Tutinha) of the same crime.

0601988-32.2022.6.00.0000: In this process, the PT argues that the former president and his allies used social networks to propagate “the narrative that the Brazilian electoral system would be insecure and manipulable”. The acronym cited the deputies Eduardo Bolsonaro (PL-SP), Carla Zambelli (PL-SP), Bia Kicis (PL-DF), Nikolas Ferreira (PL-MG), Gustavo Gayer (PL-GO). Senators Flávio Bolsonaro (PL-RJ) and Magno Malta (PL-ES) were also mentioned.

Abuse of economic power

0601274-72.2022.6.00.0000: Authored by the PDT, the action accuses Bolsonaro of “box 2” for allegedly receiving financial support from Casa Pátria, an institution “composed of pastors, religious entities and businessmen”. According to the acronym, expenses with companies to pay campaign expenses were not recorded in the rendering of accounts.

0601238-30.2022.6.00.0000: On the same issue, the PT accused the former president, Braga Netto, Leandro Victorino de Moura, CEO of the Information and Communication Technology Company of the State of Paraná (Celepar), and Jean Carlos Borges, CEO of Algar Telecom SA, for automatically sending SMS messages with an electoral nature. According to the party, Bolsonaro’s coalition would have used the DMV and Celepar database to trigger “electoral and anti-democratic messages”.

0601002-78.2022.6.00.0000: The PT also asks the TSE to investigate Bolsonaro’s coalition for failing to comply with an injunction that prohibited the use of images of the former president during the commemoration of the Bicentennial of Independence and in the acts carried out in Brasília (DF) and in Rio de Janeiro (RJ) ).

Abuse of political and economic power

0601188-04.2022.6.00.0000/ 0601180-27.2022.6.00.0000/ 0601154-29.2022.6.00.0000: Filed by the PDT, Ciro Gomes, former presidential candidate, Senator Soraya Thronicke, who also ran for president in 2022, the actions call for Bolsonaro’s ineligibility for using images of his participation in the 77th United Nations General Assembly and at the funeral of Queen Elizabeth II in campaign advertising pieces.

In the case of these actions, Minister Benedito Gonçalves issued an injunction for Bolsonaro not to use the events in electoral advertising. On the other hand, the court has not yet ruled on the merits of the action.

0600986-27.2022.6.00.0000: Authored by former candidate Soraya Thronicke, the action investigates whether there was abuse of political and economic power by the Bolsonaro campaign by using images from the celebrations of the Bicentennial of Independence in the electoral campaign.

0600972-43.2022.6.00.0000: Still on September 7, the PDT calls for Bolsonaro’s ineligibility for using images from the independence celebrations.

0601987-47.2022.6.00.0000: Lula’s coalition accuses the former president of having boosted social programs “with the clear intention of raising votes and, therefore, influencing the choice of Brazilian voters, in order to hurt the fairness of the election”.

The following were mentioned: “anticipation of the transfer of the Benefit-Brazil and the Aid-Gas; increase in the number of families benefiting from the Auxílio-Brasil; advance payment of assistance to truck drivers and taxi drivers; debt negotiation program with Caixa Econômica Federal; release of future FGTS to finance real estate; advertisement by Caixa Econômica Federal of credit for women entrepreneurs; Auxílio-Brasil payroll loan; advantages to candidates from segments aligned with Jair Bolsonaro”.

The action was admitted by Justice Benedito Gonçalves, but the merit has not yet been judged.

What does the electoral law say?

The actions filed by PT and PDT try to frame Bolsonaro in the conditions posed by the Clean Record Law (Complementary Law No. 135/2010) to declare the ineligibility of a candidate.

According to the legislation, abuse of power is the imposition of the will of one over another, based on the exercise of power. On the other hand, the TSE requests that “concrete and indisputable” evidence be presented on the facts presented in the complaint.

The abuse of economic power is the excessive use of financial or patrimonial resources seeking to benefit a candidate, party or coalition. The crime can occur before or after the election.

The abuse of political power occurs in cases where the accused uses his position to influence voters.