How a denunciation can smooth the way to it

The Superior Electoral Court (TSE) opened the past (2) an investigation to investigate attacks on the legitimacy of the 2022 elections. el president Jair Bolsonaro.

If he prospers, the measure could suppose the dismissal of the executive officer or his disability for the electoral process of the coming year.

The investigation will ask about facts that could constitute abuse of economic and political power, early electoral propaganda, improper use of media, fraud and conduct prohibited to public officials.

In the document, addressed to magistrate Alexandre de Moraes of the STF, magistrate Luis Barroso of the TSE asked for the investigation of “possible criminal conduct” related to a live broadcast by the president last week. Moraes is a member of the investigation into the dissemination of false information (fake news) and attacks on the STF.

During the broadcast, videos of voters who went to the polls in previous elections were presented, signaling alleged evidence of fraud in the use of electronic voting machines.

In this session, which marked the return to work of the TSE after the recess of the Judiciary, Barroso made a statement in defense of the Brazilian electoral system.

The speech did not directly mention the threats of President Jair Bolsonaro or the intimidation attempt of the Defense Minister, General Walter Braga Netto – who, according to the periodical The state of Sao Paulo, conditioned the holding of the next elections to the approval in the Legislative of the printed vote.

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Nevertheless, Barroso stated that “it eases the holding of elections and an undemocratic conduct”.

Now, it is necessary for the STF to evaluate the communication to carry out the investigation. Magistrate Alexandre de Moraes, who is also a member of the TSE, will also preside over the court during the 2022 elections.

Possible paths

If the Supreme Court is in favor of the continuation of the investigation, there are possible paths. If the investigation indicates that he committed crimes, or abuses, the president may be disabled for the elections.

Depending on its results, the investigation could also lead to the Fiscalía General de la República presenting a denunciation to the STF — which, in turn, would have to refer it to the Chamber of Deputies.

If the thirds of parliamentarians (342 deputies) vote in favor of opening a process, the president is obligatorily separated from office for 180 days.

Ex-presidents of the TSE manifested

On the same day, all ex-presidents (15) of the Superior Electoral Court (TSE) since the promulgation of the Constitution of 1988 signed a declaration in which they define the equity and security of the current format of the elections in Brazil, carried out with electronic voting machines.

The document also confirms the current president of the TSE, magistrate Luis Roberto Barroso, and future presidents [la presidencia es rotativa], the magistrates Edson Fachin and Alexandre de Moraes.

Edition: Vivian Virissimo

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