TSE inspector condemns Bolsonaro and Braga Netto again for September 7th

The electoral inspector, minister Benedito Gonçalves, condemned former president Jair Bolsonaro (PL) and his candidate for vice, Walter Braga Netto, to ineligibility for alleged electoral use of September 7, 2022. The decision occurred in an action presented by the coalition who supported President Luiz Inácio Lula da Silva (PT) in the elections. Rapporteur of the case, Gonçalves will leave the Court this Thursday (9). Before finishing his mandate, the minister decided to bring forward his analysis of the merits.

Last week, the Superior Electoral Court (TSE) had already condemned the two for the same facts in actions filed by the PDT and senator Soraya Thronicke (Podemos-MS). With this, Gonçalves considered that, as these were facts already judged by the plenary of the Electoral Court, the same understanding should be applied.

“In the understanding reached by the majority of the Court on 10/31/2023, conduct of this nature was proven on the part of both those investigated, with regard to the misuse of the purpose of the official celebrations of the Bicentenary of Independence”, he wrote.

Bolsonaro and Braga Netto can still appeal the decision. Each conviction corresponds to eight years of ineligibility. However, the deadline does not accumulate, that is, it must be counted only once, from the date of the second round of the 2022 elections. The decision, signed on the 3rd, was not taken collectively, as only the rapporteur voted.

In addition to Bolsonaro and Braga Netto, 15 other people are also being investigated, including senator Hamilton Mourão (Republicanos-RS), former Defense Minister Paulo Sérgio Nogueira de Oliveira, businessman Luciano Hang, pastor Silas Malafaia, among others . In the case of the others involved, the action continues and the minister ordered the taking of statements and other measures to continue the process.

For the rapporteur, Bolsonaro and Braga Netto “violated the expectations of behavior imposed on them by virtue of their status as candidates, by appropriating the symbolism of the civic date in favor of their candidacy, with a serious impact on electoral normality and equality”. In June, the former president was declared ineligible for the first time after questioning the security of the electronic electoral system during a meeting with ambassadors.