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RIO – Three days before the elections, the Rio Regional Electoral Tribunal (TRE-RJ) denied, this Thursday afternoon, the resources of former senator Lindbergh Farias (PT), candidate for councilor in the city of Rio, and the mayor Duque de Caxias, Washington Reis (MDB), who is running for re-election, and kept them ineligible. In both cases, the candidates, whose candidacy files were rejected based on the Clean Registry Law, can try to reverse the decision with appeals to the Superior Electoral Tribunal (TSE), even on election day.
– The term to file a special appeal before the TSE to obtain the registration is three days, counted from the day after the trial, since in electoral periods the sentence is published online the same day. In the Washington and Lindbergh cases, this deadline expires only on Sunday. The lawyers will define the best strategy to adopt in both situations – says the lawyer specialized in electoral law, Alberto Rollo Filho.
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Because TRE decisions are made a few days before the election, there is no time to remove the names of the candidates from the electronic ballot box. If an eventual decision at the TSE is unfavorable, the votes will not be counted until all appeals are evaluated.
Lindbergh was convicted in 2016 for administrative irregularity for acts committed when he was mayor of Nova Iguaçu. Between December 2007 and the first half of 2008, when he was running for re-election, he distributed milk cartons and control books with the logo of his administration and the writing “Mayor Lindbergh Farias”. The sentence was confirmed by the First Civil Chamber of the Court of Justice in 2019. In the sentence, his political rights were also suspended for four years, in addition to receiving a fine of R $ 480 thousand.
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Lindbergh said he was caught by surprise and considers himself a victim of political persecution, just like former President Lula. He also said that Judge Vítor Marcelo, a participant in the session, would be linked to Senator Flávio Bolsonaro (Republicans). This, according to Lindbergh, would have no interest in him running for a seat in the Rio Chamber with his brother, Carlos Bolsonaro (Republicans).
– I want to make it clear that I am still a candidate. My number will remain at the polls. And the TSE will judge the appeal. They want to remove a PT candidate from the polls. In order not to be eligible, the jurisprudence establishes that there must be illicit enrichment. That did not happen – said the candidate.
A former professor of Flávio in a preparatory law course, Vítor Marcelo was chosen for a court position by Bolsonaro after one of the names that made up the triple list was challenged by the TSE. In a recent decision, he asked for opinions in a lawsuit that postponed the court’s decision to disqualify Mayor Marcelo Crivella (Republicans).
In this Thursday’s session, however, Vítor Marcelo only followed a divergent vote by judge Paulo César Vieira de Carvalho Filho, for whom it would be possible to reject the candidacy because it was established that Lindbergh committed a crime of administrative improbity and illicit enrichment. The defeated rapporteur understood that illicit enrichment would not have been configured. The thesis of Paulo Cesar Vieira, however, prevailed five to one. My dear, Vitor did not speak.
Vitor Marcelo accepted the thesis of the Public Electoral Ministry (MPE) that, by printing symbols on milk cartons, Lindbergh used public funds to win votes in his favor and, therefore, illicit enrichment was proven.
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Environmental damage
Washington Reis was sentenced, in December 2016, by the Federal Supreme Court (STF), to seven years, two months and 15 days in prison for environmental damage in the buffer zone of the Tinguá Biological Reserve. According to the ruling, in 2005, when he was serving his first term as mayor, Reis authorized the resumption of the construction of a subdivision that had been seized by Ibama two years earlier. The play, performed without a license, had a series of irregularities
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Ibama found that part of the permanent preservation vegetation on the banks of a river was removed, causing sedimentation. In addition, minerals were extracted from the slopes of a hill without authorization. The area had been acquired years before by State Representative Rosenberg Reis (MDB), Washington’s brother, who resold it to a contractor interested in subdividing the area.
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The regional electoral attorney Silvana Batini pointed out that, based on the STF’s decision, TRE even revoked the Washington Reis diploma when he was elected mayor again in 2016. But the candidate managed to take office with an appeal to the TSE.
– The embargoes (appeals to the TRE) are clearly delaying. The defense has the purpose of re-discussing the evidence of materiality and the authorship (of the facts) that authorized the conviction in the STF – said the prosecutor.
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On Thursday, the mayor of Duque de Caxias had his appeal denied by the TRE by four votes to two.
In a note, the Duque de Caxias City Council stated that Washington Reis received “with respect and serenity” the decision of the TRE-RJ, but that it will appeal. “Mayor Washington Reis is innocent and believes in justice,” the note reads.
