The Minister of the Superior Electoral Court (TSE), Nunes Marques, suspended on Thursday (1st) the effects of the decision of the Regional Electoral Court of São Paulo (TRE-SP) that had determined the revocation of the mandates of the mayor of Barueri (SP), Beto Piteri (Republicans), and the deputy mayor, Dr. Claudia (PSB), for improper use of the media during the municipal elections.
Last Monday (28), after concluding that there was boostering videos on the social network of former mayor Rubens Furlan to promote Piteri and attack his opponent in the dispute, Gil Arantes (União Brasil). In addition to the cassation, the court had also declared ineligible for eight years both Piteri and Furlan, political ally of the current management.
The deputy mayor’s defense appealed to the TSE, claiming that the decision violated the jurisprudence of the Court and that there was still no exhaustion of the ordinary instances. He also argued that the elements presented in the process would not be sufficient to justify the immediate removal of the elect.
Nunes Marques welcomed the arguments and decided to suspend the effects of the cassation until the case is analyzed by the TSE plenary. In the decision, the minister stated that TRE-SP seems to have acted in disagreement with TSE precedents.
“It is verified that the act of co-worker-judgment rendered by TRE-SP-appears to be in dissonance of precedents of this Court according to which the decisions of the regional courts that imply a candidate’s diploma elected in the municipal elections must be fulfilled after the exhaustion of ordinary instances, except for precautionary provision before the extraordinary instance,” he wrote.
With this, Beto Piteri and Dr. Claudia remain in the positions until the upper electoral court deliberates definitively about the merits of the appeal.
