Self-adenominated former coach and businessman (PRTB) already accumulates two convictions in the São Paulo Electoral Court in which he was declared ineligible for eight years, related to his performance during the campaign for the São Paulo City Hall in 2024. These penalties are not added.
In all, three actions related to video cut competitions about the influencer have already been analyzed, whose sentence was published on Saturday night (26), as well as others in exchange for making a video support for candidates for councilor – a sentence in February.
“This decision is temporary. We have fulfilled all legal requirements during the campaign. I trust in court and I am sure we will reverse,” Marçal said in a statement on Sunday (27) after the latest conviction.
In the case of the first action on the request for donation, there is already appeal in the second instance-in the case, in TRE-SP (Regional Electoral Court of São Paulo). In both actions, it is appealed to both the TRE and later to the (Superior Electoral Court). The penalty of ineligibility only has practical effect after the collegiate decision of the TRE or after the final judgment.
but there are still at least three other processes of the type processing against Marçal.
Ineligibility for eight years
Called AIJE (Electoral Judicial Investigation Action), this type of procedure in which Marçal was condemned or the so -called “improper use of the media”.
In the case of the elected, it is up to the term of office, while candidates who have been defeated can be punished with the ineligibility of eight from the date of the election.
As last year the vote was on October 6, while in 2032 it will be on the 3rd, in the event that the conviction transit in res judicata, he could only return to elections in 2034, when he will be 47 years old.
For 2026, the influencer is often quoted as a candidate for the São Paulo government, the Senate or even the presidency.
Video cuts
Marçal was the target of three actions that were jointly being processed and which had as its main focus (which works similar to a large group of WhatsApp, with various parallel conversation channels).
Upon entering it, interested parties had access to instructions to compete. Generally speaking, they should select small excerpts of content published by Marçal (the so -called cuts), which should then be disclosed in their own profiles. Among the awards criteria would be the number of views and the total content posted.
According to the electoral rules, it is not allowed to make paid electoral propaganda, and the hiring of individuals or legal entities are prohibited to perform publications of a political-electoral nature in their profiles, pages, channels, or assimilated. “
The judge stated in his sentence that “the strategy corresponding to the boosting of cuts made by third people brought to the defendant an improper advantage considered the fraud in artificially occurred to the impression of the impression of there was a genuine wave of support for their ideas and political platform but was motivated by the prospect of financial earnings.”
In the process, Marçal denied that he paid for electoral cuts and said that no documents were presented proving the payment in the action. His defense also argued that the former candidate “was not even aware of the publication of the cuts of his videos.”
Different posts published by profiles with Marçal video cuts were presented as proofs, videos in which the former coach himself talks about championships and prints on competition channel rules that was organized on the Discord platform, including the instruction to be included in the Hashtag “Mayor” in the pre-campaign period.
In his sentence, the first instance judge determined not only the ineligibility of eight years, but the payment of a fine of R $ 420 thousand for non -compliance with a court decision. In August 2024, the immediate suspension “of activities to the candidate on the Discord Platform”. The daily fine for non -compliance was $ 10,000, and, according to the judge, non -compliance followed for 42 days.
Donation Request of R $ 5,000
Marçal was also the target of two other actions, which also processed together, referring to a video posted by him.
The judge also understood that Marçal was not receiving a donation with the video, but a consideration for an illegal product, the production of political support material, sold on the sidelines of the Electoral Justice inspection and in disagreement with the rules on collection and campaign spending.
In the process, the defense of the former PRTB candidate stated that the appeals received were returned. They claimed that only six people even made transfers.
The magistrate of the first instance, however, understood that Marçal’s attitude “constitutes a highly reprehensible conduct (qualitative gravity) and violating the principle of legitimacy of elections.” He also stated that the abuse of political power was characterized because the candidate “was able to do this because he was chosen in convention because he was in the structure of a party.”
He also denied the embargoes of declaration of the defense of Marçal-which claimed to be omitted points in the decision-which then presented an appeal to TRE-SP.
The defense argued, for example, that the judge would not have commented on the severity of the conduct, and asks if a single Instagram story, which would have been temporarily available, would be sufficient to configure the abuse.
