TSE ministers not aligned with Moraes helped oust Dallagnol

The seven justices of the Superior Electoral Court (TSE) presented a unanimous position on Tuesday (16th), when they voted in favor of removing the mandate of Deputy Deltan Dallagnol (Podemos-PR), despite having different origins and profiles. At least three of them do not have a history of automatically aligning themselves with the president of the TSE, Alexandre de Moraes. Even so, Kassio Nunes Marques, Carlos Horbach, Sergio Banhos and Raul Araújo helped overthrow Dallagnol.

The rapporteur for the process was Minister Benedito Gonçalves, who has been showing signs of being a great ally of Moraes. In addition to him, another minister who has shown alignment with the president of the TSE is Cármen Lúcia. In the presidency of the TSE, Moraes shows signs of maneuvering to obtain alignment with the ministers of the TSE and, consequently, a majority in the votes.

The collective decision was based on a thesis of irregularity in the candidacy of the former Federal Prosecutor, known for coordinating the Operation Lava-Jato task force in Curitiba, and who was also the most voted candidate in the 2022 elections in the state of Paraná. Dallagnol, who obtained 344,917 votes, has the possibility of appealing, including to the STF, but he is removed from office during the process.

See who is who in the group of TSE ministers who impeached Deputy Dallagnol.

Cassio Nunes Marques

Kassio Nunes Marques, nominated by former President Jair Bolsonaro (PL) to the STF, joined the TSE in August 2021. He recently took over the position of titular minister after the retirement of Ricardo Lewandowski. However, Nunes Marques is still awaiting official investiture as an effective member. His performance in the Electoral Justice includes an emblematic case. In June 2022, he restored the mandate of former state deputy Fernando Francischini, after his impeachment by the court for alleged attacks on electronic voting machines. The measure was later overturned by the plenary of the STF.

Carlos Horbach

Carlos Horbach, minister of the lawyers’ class, is considered to have a very technical and independent profile, but is about to leave the TSE after four years in office. During his term, Horbach did not automatically align himself with the wing led by Moraes, but he voted alongside the other ministers in important decisions, especially in matters related to attacks on the electoral system. He was one of the TSE ministers who were appointed by former President Jair Bolsonaro.

Sergio Baths

Just like Horbach, Minister Sergio Banhos is a member of the lawyers’ class and should leave the TSE next Wednesday, the 17th, after four years of acting in court. The minister also had an independent stance from Moraes in the last year, but joined him and the other ministers in measures of supposed defense of the Court. Baths also arrived at the TSE on Bolsonaro’s nomination.

Raul Araujo

Raul Araújo is a member of the STJ and is part of a TSE wing that often distances itself from Moraes’ positions. During the 2022 elections, Araújo voted less restrictively than Moraes in cases that pointed to irregularities in the candidates’ advertisements.

Alexandre de Moraes

Alexandre de Moraes, president of the Superior Electoral Court (TSE) and member of the Federal Supreme Court (STF), has played an increasingly dominant role in the court. Since August 2022, during the election campaign, Moraes has held the presidency due to the rotation in office. Concomitantly, also in the STF, he assumes a special role as rapporteur of several actions, especially in inquiries related to fake news and digital militias. At the TSE, as president, Moraes is responsible for defining the judgment agenda and determining when the cases will be voted on in plenary.

Carmen Lúcia

Also from the STF, nominated by President Luiz Inácio Lula da Silva, Cármen Lúcia has already chaired the TSE from 2012 to 2013. She was against, for example, the relaxation of Lula’s prison in 2018, after receiving pressure from the then Army commander Eduardo Villas Good. But after the general was retired, her position in relation to Lula changed. During her second term on the Court, Cármen has revealed a greater alignment with Minister Alexandre de Moraes, who defends tougher measures, mainly in relation to the dissemination of what he considers to be false news and irregular electoral propaganda. But Moraes’ understanding is considered very controversial by his critics. During the last election, Cármen Lúcia even supported measures that went against the freedom of expression protected by the Constitution, of which in the past she had been a prominent defender.

Benedito Gonçalves

Benedito Gonçalves, from the Superior Court of Justice (STJ), holds the position of General Inspector of Electoral Justice at the TSE. This position gives him the responsibility to report cases involving the loss of political rights. Gonçalves is responsible for conducting all electoral investigations against President Jair Bolsonaro that are being processed in court. Their positions in most of the votes have been aligned with President Alexandre de Moraes. Rapporteur of the Deltan Dallagnol case, he generated controversy after public reactions in which he suggested sympathy and understanding with President Lula. As corregidor, he is also the rapporteur of the process that calls for the ineligibility of former president Jair Bolsonaro (PL).