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BRASÍLIA – The Superior Electoral Court (TSE) began to analyze the winning candidates this Thursday in the elections of this year that have some questions in the Electoral Justice. Of the four cases tried today, the ministers understood that only in Bom Jesus de Goiás (GO) should a new election be held.
A GLOBO survey indicates that in at least 96 Brazilian municipalities it is not yet defined who will be the mayor from 2021. In these places, the candidacies are “sub judice”, an expression that indicates that a certain process is in process and awaits a judicial decision.
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In the case of the municipality of Bom Jesus de Goiás, all the magistrates agreed on the ineligibility of the elected mayor Adair Henrique da Silva (DEM) for conviction in a collegiate body. With that, other elections will be held.
– Unanimously, [o TSE] granted the 1st appeal to reject the application for the position of mayor and annul the majority elections in the municipality of Bom Jesus de Goiás, determining the holding of new elections to be designated by the TRE [Tribunal Regional Eleitoral] for the year 2021, as well as the convocation of the mayor of the legislature to begin to exercise the position provisionally in terms of the vote of the rapporteur – said the president of the TSE, Luis Roberto Barroso.
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The public prosecutor’s office (MPE) argued that Adair was not eligible due to a conviction for administrative irregularity. The registration of Adair’s candidacy had already been denied by the electoral judge, but the Goiás Regional Electoral Tribunal (TRE-GO) understood that the eight-year period of ineligibility established by law had already ended. Thus, the TRE launched the candidacy.
It was this launch of TRE-GO that was being questioned at the TSE. The rapporteur in the case, Minister Edson Fachin, had already issued a preliminary (that is, provisional) decision preventing Adair’s diplomacy before the process was discussed.
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Attorney Luciana Lóssio represented the elected mayor who obtained 50.26% of the valid votes. She spoke of “two time frames” of ineligibility. Lóssio said that the elected candidate was ineligible due to a collegiate conviction in 2009. Therefore, according to her, the period of suspension of political rights (8 years) had expired in 2017. She also argued that, in 2012, Adair judged he ran for elections, but his candidacy was rejected due to the 2009 conviction.
Other processes
In the case of Paraíba do Sul (RJ), the TSE determined – by 5 votes to 2 – that the candidacy of the elected mayor Dayse Deborah Alexandre Neves, registered at the polls as Dayse Onofre (PL-RJ), is valid.
The rapporteur of the process, Minister Fachin, voted for Dayse’s ineligibility. He argued that she had already been convicted in 2016 for a donation above the legal limit. The law allows donating up to 10% of the gross income earned by the donor in the year prior to the election.
“Illegality arises from the first penny that is exceeded,” said Fachin when casting his vote.
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Then, Minister Alexandre de Moraes inaugurated the speaker’s divergence “in light of the criterion of reasonableness”, for the amount donated. It considered that the donation over the limit did not affect the legitimacy of the claim. Four other ministers followed the vote against.
Minister Barroso, for his part, declared that his vote was “curious”, since it coincided with the need to bring the case to “reasonableness”. However, he also agreed with Fachin’s conclusion that he was not eligible for “all the work of the person involved.” Thus, the vote was 5-2.
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In the case of the city of Itatiaia, also in Rio de Janeiro, the rapporteur Mauro Campbell voted to deny the application for registration of the candidacy of the elected mayor Dudu (PSC) and to determine the holding of new elections. However, Minister Tarcisio Vieira asked for a hearing and promised to return with the process next Thursday. Therefore, the case was suspended.
In the fourth and last process analyzed today by the TSE, the Court validated the candidacy of the mayoress elected in the city of Olho D’água Grande, in Alagoas, Maria Suzanice Higino Bahé (PP). Minister Sérgio Banhos was the rapporteur and denied an appeal against the defeated candidate José Adelson de Souza (PTB) and his party, the PTB.
