Judge João Lages says that the set of evidence presented was not sufficient for the impeachment of Kaká and Sonize Barbosa – News of Brazil
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Judge João Lages, president of the Regional Electoral Court of Amapá (TRE-AP), who opened the divergence in the judgment of actions by the Public Electoral Ministry against deputies Kaká Barbosa (state) and Sonize Barbosa (federal), both from the Liberal Party, causing a change in the vote of three judges who had already voted for the conviction, he said that the body of evidence was not sufficient to characterize electoral conduct. The score, which was 6-0 due to the revocation, became 4-3 due to the dismissal.
On the afternoon of Tuesday (7), the Regional Electoral Court concluded the trial of two actions, an Electoral Judicial Investigation (AIJE) and a Special Representation, against federal deputy Sonize Barbosa and her husband, state deputy Kaká Barbosa.
According to the records, candidates José Carlos Carvalho Barbosa (Kaká), Sonize Pimentel dos Santos Barbosa, and Guilherme Tavares da Silva and Ramon Ferreira de Souza, were denounced for abuse of economic power and illicit capture of votes.
The events would have occurred on the day of the 2022 general elections, when the Federal Police caught Guilherme and Renan carrying out irregular transportation of voters in exchange for votes in favor of Sonize and Kaká. At the time, the cell phones of those involved, campaign material and printed notes on letterheads from the Amapá Legislative Assembly were seized.
The trial began on October 30th and after the vote of the magistrate judge Carmo Antônio de Souza for the partial validity of the requests for revocation of the diplomas, application of a fine in the amount of R$ 10 thousand for illicit capture of suffrage, as well as the validity of the request in the electoral judicial investigation action to apply the sanction of ineligibility for the elections that take place in the eight years following the 2022 election.
In the session on Tuesday (7), in continuity, after the vote of judge João Lages diverging from the rapporteur to judge the electoral actions as unfounded, judges Orlando Vasconcelos, Thina Luiza Sousa and Paola Santos rectified the votes, forming the majority of votes for the dismissal of the requests contained in the Representation and the Judicial Electoral Investigation Action.
In the dissenting vote, the president of the Court highlighted that in order to revoke the diploma, declare ineligibility and impose a fine for the abuse of economic power, as well as for the illicit capture of suffrage, the most recent jurisprudence of the TSE, also followed by that of the TRE Amapá, requires robust proof not only of the benefit in favor of the candidates, but also unequivocal evidence of direct participation or consent of those involved, which in the analysis made by judge João Lages, the set of evidence was not sufficient to characterize the electoral conduct. After the publication of the ruling, the appeal period will begin.
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