TSE forms majority to condemn Bolsonaro for electoral use of September 7th – 10/31/2023 – Power

The TSE (Superior Electoral Court) formed a majority this Tuesday (31) to declare the ineligibility of former president Jair Bolsonaro (PL) for eight years in a new process — this time, due to the electoral use of September 7, 2022 .

Four ministers have already considered that Bolsonaro promoted a campaign using public money in the Independence Day celebrations: Benedito Gonçalves, Floriano de Azevedo Marques, André Ramos Tavares and Cármen Lúcia. Kassio Nunes Marques and Alexandre de Moraes still have to vote.

The former president had already been declared ineligible for eight years by the TSE at the end of June, by 5 votes to 2, in the trial of an action that dealt with a meeting with ambassadors in which he made attacks and spread lies about the electoral system.

The new process has no practical effect in extending the duration of Bolsonaro’s ineligibility, as the penalties are not added to electoral convictions for campaigns in the same year. However, in addition to fines and political strain, it can generate elements that lead to other actions against him.

The fine proposed by the TSE inspector, Benedito Gonçalves, was R$425,000 for Bolsonaro and another R$212,000 for Walter Braga Netto (PL), who was a candidate for vice president on the former president’s defeated ticket for re-election.

The accusation states that there was abuse of political and economic power in the acts of September 7th last year. On the occasion, Bolsonaro asked for votes, reinforced his conservative speech, made coup threats in front of thousands of supporters and highlighted the then first lady Michelle Bolsonaro, with statements with a sexist tone.

Last week, in addition to the magistrate, minister Floriano de Azevedo Marques had already voted against the former president, while Raul Araújo spoke out in favor of rejecting the actions against Bolsonaro and Braga Netto.

This Tuesday, André Ramos Tavares and Cármen Lúcia also voted for the former president’s ineligibility, forming a score of 4 to 1.

Benedito spoke out against Braga Netto’s ineligibility. Floriano, Ramos Tavares and Cármen voted in favor of making the then vice-candidate ineligible. Braga Netto is one vote away from also being disqualified from contesting elections.

The eight-year period of ineligibility begins in 2022 and, according to current legislation, Bolsonaro would be able to run again in 2030, at the age of 75, thus avoiding three elections until then (one of them being the national one in 2026). .

In his vote, Benedito recalled that the civic celebration had been treated as an electoral event by the former president, with instigations “to a decisive fight against imaginary people” — when Bolsonaro told, for example, his supporters to “take to the streets for the last time “.

“What we saw in the demonstrations held at party conventions in July last year and in the electoral propaganda on September 6 last year was the unequivocal dissemination of messages associating the celebration of the bicentenary [da Independência] and all its symbolism to the campaign of the investigated [Bolsonaro]”, said Benedito.

“The evidence in the records demonstrates that this mobilization did not exclusively involve a campaign act, there was clear reference to official acts with emphasis on the participation of the Armed Forces.”

The rapporteur stated that there was “symbolic appropriation” of the civic date and symbols of the Republic to transform them into an electoral act, using federal resources.

He added that Braga Netto was also “responsible for the regularity of the propaganda material displayed in the electoral inserts, and it is not possible to consider that everything happened without his full connivance with the association of the ticket and the celebration of the bicentenary”.

For him, Braga Netto was “at least aware” of the transformations of official acts into electoral campaign events, including the volume of expenditure made on them.

Raul Araújo stated that there was no public spending on the rallies, which took place after the official acts, and that the lawyers who took action against Bolsonaro tried to “confuse and mix the official events and the campaign acts”, which, according to him, were ” very different events.”

According to him, “no one will confuse the traditional, official, annual act of a civic-military parade on Independence Day —a rigorously planned, organized, formal, solemn and orderly act— (…) with the subsequent occasional act of political campaign -electoral —open and informal act”.

Floriano, the third to vote, understood that, due to Braga Netto’s role as campaign coordinator and participant in the alleged irregularities, he should also be declared ineligible.

The trial, which began on the 24th, analyzed actions presented by the PDT and senator Soraya Thronicke (Podemos-MS), who questioned Bolsonaro’s participation in the celebrations of the Bicentenary of Independence in Brasília and Rio de Janeiro.

Bolsonaro’s lawyer, Tarcísio Vieira, complained about the speed of the actions and said that requests to hear three witnesses were denied, and that this is detrimental to the process. “Speed ​​is important, but legal certainty is even more important.”

In a previous trial, the lawyer had already said that the actions analyzing conduct adopted by his client had an “anomalous procedure” in the TSE.

Tarcísio, when speaking, questioned why the trial was not being processed in conjunction with an action presented by Lula’s coalition (PT), which also dealt with issues such as the use of tractors at the event.

Bolsonaro’s defense stated that the celebrations of the civic act took place in an open and institutional manner, with the presence of authorities and guests on the official stage.

Before Tarcísio, PDT’s lawyer, Walber Agra, and Thronicke’s lawyer, Marilda Silveira, spoke. Agra said that Bolsonaro’s conduct in this action “is much more serious” than those previously analyzed.

“We have a systemic nature of infractions here,” said Agra, stating that the objective was to “kill democracy” through an attempt to circumvent the electoral process and delegitimize the TSE.

Marilda said that, at the event, “what we saw was a, with all due respect, shameless use of the position of head of state”, in the biggest and most important civic event that year and with “the clear objective of boosting the campaign”.

The deputy electoral attorney general, Paulo Gonet, reiterated in the trial a statement in which he defended Bolsonaro’s declaration of ineligibility in the actions regarding the 7th of September.

He said that the painting “exposed to the population the image of affinity that the legal order wants to avoid between the political agent campaigning for reelection and the Armed Forces.”

The process is another chapter in Bolsonaro’s troubled relationship with the TSE and minister Alexandre de Moraes, the target of constant attacks from the former president.

In June, Bolsonaro even stated that he expected a turnaround in the court’s judgment that month and that “God would touch Moraes’ heart.” He added: “So far he hasn’t touched at all.”

He also said he felt wronged and that he intended to run for public office in the future if he were not ineligible. One of the possibilities, according to him, would be to run for a seat in the Senate.

THE 7TH OF SEPTEMBER UNDER BOLSONARO

In 2022

Bolsonaro promoted campaign events in Brasília and Rio de Janeiro, in addition to repeating coup insinuations. At the TSE, he is accused of abuse of political and economic power and misuse of the media

In 2021

He attacked the STF, threatened to disrespect court orders and said he would only leave the Presidency dead. The way he inflamed supporters is one of the examples of the escalation in the former president’s coup rhetoric — considered by the 8/1 CPI as the intellectual mastermind of the attacks on the headquarters of the three Powers in January 2023.

In 2020

During the pandemic and without vaccines, there was a short ceremony in front of the Palácio da Alvorada, lasting 16 minutes. Bolsonaro was without a mask and greeted the audience

In 2019

Bolsonaro’s first presidential parade took place amid the erosion of his popularity and embarrassment between the then president and the then Minister of Justice and now senator, Sergio Moro (União Brasil-PR)