Why can a senator have his mandate revoked?

Why can a senator have his mandate revoked?
Why can a senator have his mandate revoked?
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The Regional Electoral Court of Paraná (TRE-PR) begins, this Monday (1st), the trial that could lead to the revocation of the senator’s mandate Sergio Moro (União Brasil). The two Judicial Electoral Investigation Actions (AIJEs) against the former judge of Operation Lava Jato are on the agenda of the session scheduled for 2 pm (Brasília time).

The trial was scheduled at the end of February by the president of the court, judge Sigurd Roberto Bengtsson.

Two other dates were reserved for the analysis of the case: April 2nd and 8th. The court will look at an action filed by the federation formed by PT, PCdoB and PV and the other by PL, the party of former president Jair Bolsonaro.

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Understand the case

Moro is accused of abuse of economic power, slush fund and misuse of the media during the 2022 electoral campaign. The actions call for the revocation of the former judge’s parliamentary mandate, his ineligibility for 8 years and the holding of a new election for the Senate in Paraná.

At the end of 2021, Moro joined Podemos and was considered as a possible party candidate for the Presidency of the Republic. In March 2022, 7 months before the elections, the former judge left the party and migrated to União Brasil, as a pre-candidate for the Senate for São Paulo. In June, after having the change of electoral domicile vetoed by the courts, he announced his candidacy for a senatorial position in Paraná.

The date for Moro’s trial was set after the nomination by the president Luiz Inácio Lula da Silva (PT)by lawyer José Rodrigo Sade to assume the position of judge at TRE-PR.

Sade’s name was part of a triple list sent to Lula by the Superior Electoral Court (TSE), at the beginning of February. He took over the vacancy left by Thiago Paiva dos Santos, who ended his term at the regional court in January this year.

Also in January, the rapporteur of the case at TRE-PR, Luciano Falavinha, concluded his analysis of the case and released the action for trial. The following month, Bengtsson announced, upon assuming the presidency of the court, that the case would only go to the plenary after the selection and inauguration of the seventh member of the court.

According to the Electoral Code, trials of this nature, which involve the possible revocation of a parliamentary mandate, can only be carried out with a maximum court quorum. Sade took office as head judge of the TRE-PR on March 6th.

What will Moro’s trial be like?

Moro’s trial at TRE-PR will be attended by the seven members of the court. See who they are:

  • Judge Sigurd Roberto Bengtsson (president);
  • Judge Luciano Carrasco Falavinha Souza (rapporteur);
  • Judge Claudia Cristina Cristofani (permanent federal judge);
  • Doctor Anderson Ricardo Fogaça (permanent law judge);
  • Doctor Guilherme Frederico Hernandes Denz (permanent law judge);
  • Doctor Julio Jacob Junior (permanent lawyer class);
  • Doctor José Rodrigo Sade (permanent lawyer class).

In the session, the judges will analyze the opinion of the rapporteur, Luciano Carrasco Falavinha Souza, on the case; the content of the complaints filed against Moro; the arguments of the senator’s defense; and other manifestations presented during the process.

Six members of TRE-PR will vote on the case. The president of the court will only vote in the event of a tie. The court’s decision may necessarily be challenged by appeal to the Superior Electoral Court (TSE).

In addition to Sergio Moro, the senator’s deputies – Luis Felipe Cunha and Ricardo Augusto Guerra – are also targets of the actions.

In 2018, Moro sentenced Lula to 12 years in prison for passive corruption and money laundering, within the scope of Lava Jato. The convictions were annulled by the Federal Supreme Court (STF) in 2021, as the court found that the judge was incompetent and partial to judge the case. With the STF’s decisions, Lula regained his political rights, ran for President in 2022 and was elected.

The article is in Portuguese

Tags: senator mandate revoked

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