TSE interrupts session and postpones judgment that could make Bolsonaro ineligible
Minister Raul Araújo disagreed with the position of the rapporteur, Benedito Gonçalves, when expressing his opposition to the demonstrations against Bolsonaro. The session concluded without a majority being established to render the former president ineligible. The trial will resume on Friday.
Former President Jair Bolsonaro leaving the Senate after visits to his son's office, Senator Flávio Bolsonaro
The Superior Electoral Court (TSE) suspended the judgment of the action analyzing alleged abuse of power committed by former president Jair Bolsonaro (PL) and will resume deliberations on Friday (30) at noon. So far, the vote is 3 to 1 in favor of the former president's ineligibility, with Minister Raul Araújo being the only one to disagree with the rapporteur Benedito Gonçalves. Ministers Floriano de Azevedo Marques and André Ramos Tavares voted in favor of Bolsonaro's conviction. On Tuesday (27), the rapporteur, Minister Benedito Gonçalves, had already voted in favor of condemning the former president for abuse of political power and misuse of the media.
The votes of Minister Cármen Lúcia, and Ministers Nunes Marques and Alexandre de Moraes, president of the court, are missing.
Accusations
Former President Bolsonaro is on trial due to his participation in a meeting with foreign ambassadors, which took place at the Alvorada Palace last year. During this meeting, broadcast on official government TV, the President defamed the Brazilian electoral system without presenting concrete evidence It is noteworthy that this meeting took place shortly before the beginning of the electoral period, and during it, the former president attacked the ballot boxes and the electoral system, repeating previous allegations of fraud.
Contrary vote
In the session held this Thursday, the minister Raul Araújo disagreed with the rapporteur's understanding, Benedito Gonçalves, when expressing his position against the demonstrations against Bolsonaro. In his vote, the minister stated that the right to doubt should not be limited. Raul Araújo understood that Bolsonaro gave proven false information during a meeting with ambassadors, but considered that the necessary seriousness was not present.
The minister mentioned that measures were adopted to avoid electoral repercussions of the event, such as the removal of the video from the internet and the imposition of a fine. He also downplayed the speech's impact on listeners., arguing that the allegations were already known by the former president's followers.
Araújo also dismissed any possibility of irregularities in the use of the government's communication structure to transmit the meeting with ambassadors. He stated that, regardless of whether the meeting was held or the content of the speech, Empresa Brasil de Comunicação (EBC) would always publicize the presidential agenda.
At the start of the trial, Araújo expressed his opposition to the inclusion of the "coup draft" as evidence in the process, which was found at the residence of former Minister of Justice Anderson Torres. That document mentioned plans to establish a state of siege in the Superior Electoral Court (TSE), with the aim of reversing Bolsonaro's defeat in the elections, which is considered unconstitutional. Although the TSE had already decided unanimously in February on the inclusion of this issue, Araújo believed that the matter could be reconsidered during the trial. The minister argued that facts discovered after the election should not be included in the process, since they had no electoral impact.
Too many votes
The third to vote was the minister who defended Bolsonaro's condemnation and the inclusion of the draft of the coup in the action. However, he made it clear that the document and other amendments and speeches made by the former president were only complements to his position, which were focused on the meeting with ambassadors. Marques mentioned testimonials from former Ministers of Foreign Affairs, Carlos França, and the Chief of Staff, Ciro Nogueira, and stated that evidence that occurred throughout the process indicated that the meeting was not part of the official agenda of institutional events. For him, it was evident that the "electoral character was central to that activity".
During the vote to condemn Bolsonaro, Minister Tavares stated that freedom of expression is a fundamental right, but does not cover the dissemination of lies. The minister understood that the meeting was not an isolated and random event, but rather part of a continuous strategic sequence over time, with electoral motivations. According to Tavares, the former president's speech contains false information and obvious attacks on parties, candidates, STF and TSE ministers. The minister also concluded that there was a misuse of purpose, characterizing the abuse of power. Tavares argued that the meeting with ambassadors was a strategy to undermine democracy, and highlighted that the elements before and after the meeting cannot be neglected.
What will happen if Bolsonaro is convicted?
If the majority of ministers agree with the rapporteur, Bolsonaro would become ineligible until 2030, which would prevent him from participating in municipal, state and federal elections. However, it is important to emphasize that this action at the TSE would not imply his arrest, since it is not a criminal matter.
