Those who attended the testimony of () to (Supreme Federal Court) in the process of the coup plot heard the former president claim that he would have, as a state of siege and defense, after the (Superior Electoral Court) applied one-which had asked to invalidate the votes of part of the polls.
According to him, there was only the conversation about “these other constitutional hypotheses in view of the TSE closed the doors for us with that fine.”
In seeking to counter, among which at an attempt of coup and abolition of the Democratic Rule of Law, the former president has also claimed that the court would have been dysfunctional and partial in the conduct of the 2022 election.
In the technical defense of the former president submitted so far, on the other hand, these arguments have not yet appeared-it is only possible to present the final allegations.
In addition, his lawyers maintain that there is no evidence that connect Bolsonaro on January 8, that he did not sign any decree providing measures as a state of siege and that the conduct described in the complaint against the former president does not even configure a crime.
It does not mention, in turn, the fine applied to the PL nor the performance of the TSE. Classifies Bolsonaro’s lines on the ballot box as an opinion, but avoids making greater considerations about it. THE Sheet He asked Bolsonaro’s defense if he would like to comment on such speech differences, but there was no answer.
Although the TSE’s acting is not on trial, it has been constantly brought to Bolsonaro – that follows.
Renato Stanziola Vieira, who is a lawyer and doctor of criminal procedural law from USP, says that Bolsonaro’s argument is not supported that because of the fine he could seek the armed forces.
“He did not choose to follow the legal world. He clearly divorced the appropriate and planned procedural paths and decided to break the breakdown of the institutions,” he says. Therefore, Vieira understands that this is a point that would not be very strategic for the technical defense to explore.
At the end of November 2022, after weeks of acts crying out by military intervention across the country, the PL filed a lawsuit alleging malfunction. Although the alleged problem of the presidential election.
The minister, then president of the TSE and now rapporteur of the action in which Bolsonaro is a defendant, required the party to include the first round. THE
Moraes fined the party for litigation in bad faith, accusing him of trying to disrupt democracy. The to revoke the fine of almost $ 23 million was.
Bolsonaro has also been claiming in speeches that the 2022 election would have been dysfunctional and that his campaign was impaired.
“I was hampered. The biggest damage I had, in my view, was not being able to use it, he said at the STF interrogation, pointing to the ban on giving or using speech during a trip to Queen Elizabeth 2nd.
These decisions were provisionally granted by the court after rival candidates filed a lawsuit against Bolsonaro on the grounds of abuse of power.
“The TSE has not prohibited the use of images by prohibiting. The basis of the ban is the use of public goods and services for the Bolsonaro campaign,” explains Carla Nicolini, a specialist lawyer in Electoral Law and a member of ABRADEP (Brazilian Academy of Electoral and Political Law).
In the case of actions on September 7, 2022, Bolsonaro – a deal that joined the process by the meeting with ambassadors.
The former president has also contested in his speeches decisions that limited his, as well as orders by reaching the right pages in general.
Bolsonaro does not mention, however, that, even in less volume. Even topics in which he obtained favorable decisions, such as the, end up being cited.
Among the cases, there are situations of evident misinformation or manipulation – as the order that restricted video that mixed different moments of a Lula interview to imply that he had said that people steal cell phones and then have a beer.
Part of the courts in the court involving misinformation, on the other hand, they had tight scores – sometimes a performance that was described as prophylactic rather than minimal speech intervention.
“The number of fines and sanctions depends on the amount of actions that are moved and the amount of illicit that is practiced,” says Luiz Gustavo de Andrade, electoral lawyer and member of Abradep. “And it’s not that Lula was acquitted in everything and Bolsonaro convicted in everything. No, it didn’t happen.”
Carla Nicolini points out as out of the standard the veto, until the election occurred to.
By acting to curb the problem of misinformation on different fronts and in the midst of control of the control bodies, the TSE has accumulated controversial measures, part of them also explored by Bolsonaro.
The court edited, for example, between the first and second round, one.
In addition, the ammunition for criticism of the court gained strength because of messages from that period between Moraes advisors on the TSE and the Supreme Court, then showing requests among them to make reports that would later support the minister’s decisions.
After the second round, as coup movements spread across the country, the Moraes Office issued a series of organizing or encouraging such acts.
From Bolsonaro, the same defendant for his conduct throughout his term, he continues to reiterate this kind of questioning. In testimony to the Supreme Court, for example, he stated that “for the sake of democracy,” it would be good that something would be perfected in the electoral system so that there was no doubt.
