Self-adenominated former coach and businessman () had it declared by on Tuesday night (22), in a process related to his performance during the campaign for the City of São Paulo in 2024.
He was once again sentenced to the penalty of ineligibility for eight years – the penalties are not added. In this third sentence the judge of the first instance understood as irregular a series of lines of Marçal that were considered and offenses against candidates.
Another point considered for the conviction was the disclosure by Marçal on an official internet page of his election campaign for a link to the art of the cap making and printing materials.
It is possible to appeal 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.
In a statement, Marçal stated that he receives the decision serenity and is confident that the conviction will be revised by the higher instances. “Although it respects the position of the Electoral Justice, I reaffirm my total conviction that I am innocent and reinforcement that the appropriate resources will be presented at the right time,” he said.
He also stated that he continues “believing in justice as a legitimate instrument of balance and truth” and will follow firm “with transparency, respect for the Brazilian people and commitment to legality.”
Previously, Marçal was condemned in actions related to and two other cases related to a post in which he asked for donations in exchange for making one.
Signed by Judge Antonio Maria Patiño Zorz of the 1st Electoral Zone, the sentence of now refers to an action filed by the PSB, a party that had Amaral Tabata as a mayor candidate in the election, and another from Councilwoman Silvia Ferraro (PSOL), the feminist bench.
In a statement, Tabata, who is the federal deputy, said that the Electoral Justice has shown once again “that it does not tolerate cheating in the elections” and that the sentence “is another milestone that determines clear limits in the race for votes and this is fundamental to the maintenance of democracy.”
The judge of the first instance understood that abuse was configured for misuse of the media, capture and illicit spending of resources and abuse of economic power.
In all, ten facts were listed against Marçal, and the condemnation of abuse was based on two of them. The magistrate understood that two other conduct had already been analyzed in other processes and as for the other facts did not see irregularities or understood that there was not enough evidence.
As stated in the sentence, throughout the process the defense denied that there were evidence of acts that configured abuse of power and, in the final allegations, maintained that there would have been curtailment of defense by the negative hearing of witnesses.
It also points out that, in contesting the initial petition, Marçal’s defense argued that the then candidate only demonstrated his discontent within the limits of freedom of expression and thought with the fact that he had his social networks suspended during the election period until the date of the elections.
According to the magistrate, the basis for the condemnation of abuse of power by the misuse of the media was based on a series of statements by Marçal in the networks.
Among them are speeches. In one of them the then candidate said that “the system will overthrow my social networks to prevent me from winning the election.” In another video mentioned, Marçal criticizes the measure by stating, for example, that “it is no wonder that government comes, government comes out and corruption continues.”
“Abuse of media power is configured by the relevance and aptitude to influence and distort the formation of voters’ political will for the benefit of the candidate,” says the judge.
According to the magistrate, this was based on publications in which Marçal “was severely distorted as a victim of censorship, a dictatorship that overthrew his social networks, canceled his candidacy for the presidency of the Republic in 2022 and who took his federal deputy mandate, who overthrew his social networks to prevent him from winning the elections, the association, corruption, murders, corruption by police, traffickers and militia to the Electoral Justice. “
He also cites “offenses to opposing candidates (cocaine user, landless communists and vagabonds)”.
It was considered a speech where Marçal implies that the number of candidate Tabata Amaral (PSB) would be the PT. “If you can’t vote for me, vote for the tabata that is 13”.
The judge also mentions the sharing of statement by Marçal that if he did not earn the election “would be roll (fraud)”.
For the magistrate, these lines violate the “integrity of the electoral process through false and manipulative speech to cause damage to rival candidates eliminating them from the dispute and the Electoral Justice itself.”
The magistrate also cites eight lawsuits of response and representation by irregular propaganda in which Marçal was convicted “for offending the opponent[“Andfivelawsuitsofthesamekindinwhichtherewasacondemnationfor”offendingopponentRicardoNunesofdishonesttakingmoneyfromthechildren’snurserybeingcorruptscoundrelcoward”[“Ecincoprocessosdomesmotipoemquehouvecondenaçãopor”ofenderoadversárioRicardoNunesdedesonestotomardinheirodacrechedascriançasdesercorruptocanalhacovarde”
“This allows us to demonstrate the habit of offensive conduct (slanderous, defamatory and injurious) to opponents in the campaign,” says the judge.
