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The cancellation of the diploma of federal deputy Carla Zambelli (PL) by the São Paulo Regional Electoral Court (TRE-SP) on Thursday (30/1) may lead more parliamentarians of the party to lose their mandates.
According to the electoralist lawyer and university professor Fabrício Medeiros, “the logical consequence of the revocation of the diploma in an electoral judicial investigation (AIJE) is the annulment of the votes attributed to the head of the illicit conduct (in this case, the deputy). And the annulment of these votes necessarily leads to a new totalization, a recalculation to be now undertaken by despising the votes that were annulled in Aije. ”
“This new totalization can flow into a result different from the one that was proclaimed in 2022, generating the loss of mandate of any beneficiaries of the judicially nullified votes,” added Medeiros.
What happened
- The Regional Electoral Court of São Paulo (TRE-SP) decided, by 5 votes to 2, to revoke the mandate of federal deputy Carla Zambelli (PL-SP);
- With the decision, Zambelli is ineligible for 8 years for disclosing false news about the 2022 electoral process;
- By 5 votes to 2, the Court acknowledged the misuse of the media and the practice of abuse of political power by Zambelli;
- On social networks, the deputy said she will appeal at the Superior Electoral Court.
The action was filed by also federal deputy Sâmia Bomfim (PSOL), on the grounds that Zambelli released untrue information about the electoral process of 2022.
According to the winning vote in the trial, issued by Judge Encinas Manfré, who is the rapporteur of the case, Zambelli “made publications to provoke the discredit of the electoral system and the dissemination of untrue facts.”
The magistrate cited some publications made on parliamentary networks in 2022, with attacks on ministers of the Federal Supreme Court (STF) and the Brazilian Electoral System, such as the false news of electronic ballot box in Itapeva, in the interior of the state, during the state the 2022 claim loading and sealing ceremony.
For the judge, the vehicles were not merely transposed of news, but configured “abuse of freedom of expression and an act of evident bad faith.” “It is not too much to recognize that the conduct of the represented reached repercussions and severity able to influence the voter’s free and conscious will and to the detriment of the isonomy of the electoral dispute. Therefore, realities justifying the revocation of the diploma of federal deputy and the declaration of ineligibility, sanctions imposed on it for the practice of abuse of political power and improper use of the media, in accordance with article 22, item XIV, of Complementary Law No. 64 /1990, ”he argued.
The Court’s decision followed the opinion of the Regional Electoral Attorney, which manifested the provenance of AIJE.
See the TRE-SP session that determined the cancellation of the diploma of Deputy Carla Zambelli in full:
Judgment
According to a statement issued by TRE-SP, the case trial began on December 13 last year, when Judge José Antonio Encinas Manfré, rapporteur of the case, voted for the revocation of the diploma and the ineligibility of the deputy.
On the same day, Judge Cotrim Guimarães and Judge Claudio Langroiva accompanied the rapporteur, as well as the president of TRE-SP, Judge Silmar Fernandes, who also votes in actions that import registration, general annulment of elections, loss of diploma or Elective mandate (Article 24, II, of the TRE-SP Internal Regulations). However, the trial was suspended due to the request for views of Judge Maria Claudia Bedotti.
Starting the divergence, Judge Maria Claudia Bedotti understood not characterized the abuse of political power and the misuse of the media and voted for the dismissal of the action. According to her, when it comes to abuse of power, there is no evidence that the videos published by the deputy and mentioned in the process were sufficient to compromise the fairness of the elections and equality between the candidates.
Regarding the improper use of the media, the magistrate was based on the TSE’s understanding, that “it is essential to analyze the number of programs published, the period of broadcast, their content and other relevant circumstances that Evidence the severity of the conduct ”. Judge Régis de Castilho followed the decision, while Judge Rogério Cury followed the rapporteur’s understanding.
What does Carla Zambelli say
Now deputy deputy Carla Zambelli has published a statement on her profiles on social networks.
“I received with serenity the attempt of the TRE from revoking my mandate by 5 votes to 2, in an attempt to nullify the voice of the 946,244 citizens of São Paulo. This decision has no immediate effects and I will continue to act as a federal deputy, with a staunch position against the current misfortune, until the end of appropriate resources. Even on March 16th, I will be on Paulista Avenue asking Lula’s impeachment. It is clear that political persecution in our country, against conservatives, is visible as the noon sun. I will continue to fight every day of my life with you, so that we have the hope of a prosperous and worthy Brazil for the Brazilian people, ”he said.
