Candidates in SP are accused in more than 500 criminal cases; list of crimes includes torture, homicide and domestic violence | Choice in numbers



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Candidates for mayor, deputy mayor and councilor in various municipalities in the state of São Paulo are indicted in 509 criminal cases in the lower court of São Paulo. This is what a survey by the Brazilian Association of Jurimetrics (ABJ) at the request of the G1. Most of the cases are registered by candidates for councilor (401), followed by candidates for mayor (88) and vice mayor (20). There are a total of 422 candidates with criminal cases.

These 422 candidates are still responding to the process and therefore have not yet been convicted or acquitted, which means that there is no impediment to the dispute. It is not possible to know if any of the candidates respond to a confidential process. The study verified the existence or not of occurrences for the 92,200 candidates who could compete in SP.

A more complete survey, with inquiries to all Brazilian candidates, was not possible because each court has a system, which makes data extraction difficult. The general secretary of the ABJ, Julio Trecenti, a doctoral student in statistics at the IME-USP, says that another problem is the lack of standardization in the information inserted in the current system and in the data from old systems.

Candidates for SP are indicted in more than 500 criminal cases: a survey conducted by ABJ considers data from the first instance of the São Paulo Court of Justice – Photo: Aparecido Gonçalves / G1

For the survey, the association created a robot that collects information on criminal cases after consulting the website considering the CPF of the candidates (data available in the TSE data repository).

“In court, at least so far, the data is not open, so you cannot download a complete database. You need to create a little robot, a data scraper to be able to download the data. For each court, you must create a small robot and repeat the task. The CNJ is working to improve this, it has been working to standardize. However, this is not yet a reality, ”says Trecenti.

If a person needed to consult each of the more than 92 thousand CPFs on the TJ-SP website, with each search of about five seconds, the total time of this manual work, uninterrupted, would reach 128 hours (more than five days).

The list of crimes of the candidates for SP includes torture, qualified homicide, simple homicide, domestic violence, drug trafficking, among others. The most frequent cases, however, deal with the crimes of the Bidding Law, fraud, traffic crimes, embezzlement, slander, crimes against the tax order and ideological falsehood.

This information is also contained in criminal certificates, a document that every candidate must submit and is available on each candidate’s page on the DivulgaCand website, updated by TSE. However, the certificates are only available individually and still in PDF format, which makes data analysis and verification of national information difficult. In addition, some of the candidates do not deliver all the documents and the application remains pending.

“The process data must be provided through an API. It is a tool that allows machines to access other machines, in this case, a database. The CNJ must provide an API where it would place the candidate’s CPF and access all processes. This is the ideal. A tool like DivulgaCand, for example, could only connect via API and make the information available. If it is a public process, even if the processes have not been decided and are underway, the population should know about it ”, says Trecenti.

For the general secretary of ABJ, the ideal is that the Judiciary also have a portal such as data.gov.br, which gathers databases of the public administration. Despite this, it indicates progress in recent years, such as the creation of the CNJ Inova event, with activities to analyze and improve court data, and CNJ resolution 331, which deals with DataJud, the database of the Statistics System of the Judicial Power. .

In a note, the TSE indicates that Resolution 23,609 of 2019 determines that criminal certificates must be presented in the act of registering the application for candidacy. The documents must be provided, considering the electoral domicile of the candidate, by the Federal Justice of 1º and 2º degrees, by the Justice of the State of 1º and 2º degrees and by the competent courts, when the candidates have jurisdiction by prerogative of function.

If the certificate is positive, the candidate must still present the respective updated object and foot certificates (which inform the parties, the object and the current status of the process) of each of the indicated processes, as well as the certificates of criminal execution , when where appropriate. In addition to being available on DivulgaCand, the TSE says that criminal certificates are also “sent to the electoral registries where they are analyzed by electoral judges who judge each application.”

OR G1 I found candidates with more processes for each position. The mayoral candidate Fabrício Marcolino (Pode), who disputes the Nhandeara City Council, registers four criminal cases in the first instance of the TJ-SP. Three cases deal with crimes typified in the Tender Law and the other deals with crimes of liability. He didn’t want to talk.

The candidate for vice mayor of Sertãozinho Toninho Tonielo (PP) also has four criminal cases. Three trials refer to crimes against the tax order and one refers to crimes against relationships with the consumer. Tonielo’s publicist says that “the cases in question occur only at the investigative level, since they are pending and have not yet been tried” and that “soon, if there is no conviction, there is no impediment to the candidacy of Mr. Antonio Eduardo Ton it to the elections of this year ”.

Finally, Councilor Daniel Palmeira (Solidarity), who is seeking reelection in Catanduva, also registers the highest number of criminal cases among candidates for the City Council. In total, there are 15 crime-related lawsuits in the Tender Law. He did not respond to phone calls or emails from G1.

“The individual who is accused in a criminal case can run and take office if elected. It has no final sentence. It is still responding to the process. At the end of the process, you can be acquitted or found not guilty. From the point of view of the Electoral Justice, it does not make sense to prevent a person who is not yet guilty from contesting the electoral process ”, says Professor of the FGV Rio Michael Mohallem.

The poll heard six candidates who are indicted for homicide, domestic violence, drug trafficking and even torture. Three candidates say they acted in self-defense. One claims to have been the victim of “distorted” wiretapping. Two other defendants say they were involved in the process, but did not commit the crimes. Check out what they say below:

What some of the candidates charged in criminal proceedings say – Photo: Aparecido Gonçalves / G1

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