The minister Kassio Nunes Brandsfrom the Superior Electoral Court, denied following up on the criminal report in which the federal deputy Guilherme Boulos (PSOL-SP) imputed to the governor of São Paulo, Tarcísio de Freitas (Republicans)and the elected mayor Ricardo Nunes (MDB) alleged “disclosure of facts known to be untrue during the electoral campaign”. The accusation has as its pivot Tarcísio’s statement, in the second round of the municipal elections, that the PCC had guided votes for Boulos, an opponent of his candidate, Nunes, at the polls.
Nunes Marques’ assessment is that the TSE “does not have the competence” to process and judge charges involving electoral crimes. The minister highlighted that governors have jurisdiction as a prerogative of their role at the Superior Court of Justice to analyze “common criminal offenses”.
The decision followed the opinion of the General Electoral Attorney’s Office, which argued that Nunes Marques should deny the petition — that is, not even analyze the merits of the case — due to the “absence of original criminal jurisdiction” of the Superior Electoral Court.
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The criminal report overturned by Kassio was filed an hour after the polls closed on October 27th. Boulos’ defense asked that the Federal Police investigate the case or that the Electoral General Attorney’s Office immediately file a complaint about the godfather of elected mayor Ricardo Nunes.
Lula’s candidate for mayor of São Paulo also sued the Regional Electoral Court of São Paulo due to the episode, attributing alleged abuse of political power to Tarcísio. To the TSE, the psolista narrated that the governor may have committed an alleged crime of disseminating false facts during the election campaign.
Boulos maintained that the governor “effectively disclosed a fact that he knew to be untrue in relation to the candidate, capable of exerting influence on the electorate, even more so given the authority that uttered such statements, the context of his interview and the day being the fateful day of the second round ”.
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This allegation, however, was not even analyzed by Kassio, who understood that the TSE cannot analyze the federal deputy’s criminal report.
