TRE-SP rejects accounts of 46 elected officials, including Tarcísio and Lula’s ministers

Sao Paulo-SP) – The Regional Electoral Court of São Paulo (TRE-SP) rejected the accounts of 46 candidates elected by the State in 2022 and determined the collection of funds spent irregularly in the 104 campaign. millions. Decisions can be appealed.

Among the politicians with bills approved with reservations and with values ​​to be returned are Governor Tarcísio de Freitas (Republicans), Senator Marcos Pontes (PL) and the Minister of the Environment, Marina Silva. The São Paulo Secretary of Public Security, Guilherme Derrite (PL) and the Minister of Indigenous Peoples, Sonia Guajajara (PSOL), both elected federal deputies, had their accounts disapproved.

In total, 84.2% of federal deputies elected by São Paulo and 91.4% of state deputies had some type of problem identified in the rendering of electoral accounts by the TRE, which led to disapproval or approval with reservations for expenditures. Some of the irregularities resulted in demands from the Electoral Court for the devolution of resources, others point only to formal errors in the rendering of accounts.

If the decisions are upheld by the higher bodies, the PL will be the party in São Paulo that will most need to return money to the public coffers: R$ 1.6 million. Next comes the PT, with R$1.5 million, and the PSD, with R$1 million. The survey of questioned processes was carried out by TRE-SP.

In a note, the TRE stated that the benefits “seek to guarantee the transparency and legitimacy of electoral campaign expenses to preserve material equality in the dispute”. According to the Court, the collection does not constitute a sanction, but correction of an irregular act. “In general, public resources received and not used in campaigns, received from forbidden sources, of unidentified origin, or expenses with public resources without legal permission or not duly proven are collected from the National Treasury,” he wrote.

The disapproval of the accounts does not lead to the revocation of mandate. For this, it is necessary to open a new process for ineligibility.

In the case of Governor Tarcísio de Freitas, TRE-SP highlighted problems in proving expenses with air taxi services, accommodation, property rental, medical services and sound car advertising. The biggest irregularity identified was in the amount of R$ 474.6 thousand paid to the company Voar Aviation Taxi Aéreo e Importação Ltda. According to the Court, “it is not possible to relate the services provided with the documents presented by the campaign, as they do not contain the beginning and end of the service provision, flight time, itineraries and beneficiaries”.

There is also an accusation of receiving resources from a closed source and cash donations above the limit allowed by law. Tarcísio filed a special appeal and is waiting for the case to be sent to the Superior Electoral Court (TSE). If the decision is maintained, the governor’s campaign will pay R$613,700 to the Treasury. “The campaign’s legal advisory filed a Special Appeal against the TRE’s decision and is awaiting a statement from the Electoral Justice,” said the governor’s advisory, in a note.

Senator Marcos Pontes had expenses for services provided by third parties, accommodation and office materials paid by the Fundo Especial de Financiamento de Campaign (FEFC) – the electoral fund – contested by the Court. The current amount charged is R$ 68.7 thousand. The parliamentarian’s advisory stated that there was “dubious interpretation between the TSE resolution and the electoral law” and that it is now awaiting judgment of the motion for clarification. “It is important to point out that the amounts questioned represent about 0.5% of the total expenses incurred in his electoral campaign”, he said.

deputies

Of the 14 elected federal deputies who had their bills disapproved, the 5 most likely to return money have different political positions, distributed among the PP, PT, PSC, PL and PSOL parties. The list includes the now Minister of Indigenous Peoples, Sonia Guajajara, and Tarcísio’s Secretary of Public Security, Guilherme Derrite (PL).

Derrite is the fourth deputy with the highest amount to be collected: R$ 277.7 thousand. The technical opinion of Justice indicates that there was a discrepancy between contracted and declared amounts, lack of proof of expenses and expenses with hotels by guests with no verified link with the electoral campaign. In a note, the secretary’s legal advisor said that “it will await the publication of the judgment to analyze the possible possibility of appeal measures”.

Sonia Guajajara, on the other hand, has a decision that requires the return of R$ 273,700 of funds from the electoral fund. The Regional Electoral Attorney’s Office argues that the rendering of accounts has irregularities such as personnel expenses and lack of indication of the place where the services will be provided, which exceed 9% of the total spent on the campaign. Sought, the minister did not appear until the publication of this report.

Marina

Minister Marina Silva (Rede), for the Environment, will need to return R$ 74,453.46. Most of the resources questioned in the process concern the contracts of the street mobilization team carried out by the campaign. “The rapporteur’s decision contradicted the opinion of the technical body of the Court itself, which recognized the regularity of expenses and allowed the approval of the accounts without reservations”, argued the minister’s campaign advisory.

“The appeal was admitted by the president of TRE-SP due to the rapporteur’s decision, in principle, contrary to the jurisprudence of the Electoral Justice in similar cases”, he added. In the embargo, the defense of the minister accuses an attempt to illicit enrichment of the Union.

*With information from IstoÉ

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