TSE may revoke the senator’s mandate

TSE may revoke the senator’s mandate
TSE may revoke the senator’s mandate
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Senator Jorge Seif (PL-SC).| Photo: Pedro França/Agência Senado

While in Paraná attention turns to possible revocation of senator Sergio Moro’s mandate on trial at the TRE-PR (Regional Electoral Court of Paraná), in Brasília, another parliamentarian is in the sights of the Electoral Court. In a trial that begins this Thursday (4) at the TSE (Superior Electoral Court), the man from Santa Catarina Jorge Seif (PL) could lose his seat in the Senate achieved in 2022.

An Aije (Judicial Electoral Investigation Action) that requests the revocation of Seif’s mandate for alleged abuse of economic power it was filed unanimously at the TRE-SC (Regional Electoral Court of Santa Catarina) in November last year. The authors of the action – the coalition formed by the Patriota, PSD and União Brasil parties – appealed to the TSE. The case’s rapporteur at the Court is Minister Floriano Marques.

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What are the arguments against Jorge Seif

In addition to Seif and the substitutes Hermes Klann It is Adrian Censithe action was filed against the businessmen Luciano Hangowner of Havan, and Almir Atanázio dos Santoswho was president of the São João Batista (SC) Footwear Industry Union.

The parties’ argument is that Seif’s ticket benefited from taking advantage of the structure of Havan and the union for campaign events. According to the captions, the alleged abuse of economic power occurred through the following practices:

  • Illegal use of a helicopter owned by Osni Cripriani for Seif’s travels to campaign events.
  • Use of Havan’s material and personal structure – air transport, official company channels for broadcasting campaigns, room for recording lives and videos and employee occupation – for the ticket’s campaign, “with direct interference from Luciano Hang”.
  • Financing of electoral propaganda by trade unions through participation in the 21st Santa Catarina Footwear Industry Week, promoted by the São João Batista Footwear Industry Union.

In addition to the revocation of the ticket, the action asks that all investigated become ineligible for eight years – including the two businessmen. Hang was sentenced by the TSE last year, in another case, to eight years of ineligibility.

What TRE-SC understood

In a trial concluded in November, the rapporteur of Jorge Seif’s case, judge Maria do Rocio, understood that there was no abuse of economic power by the panel – which was followed by the other TRE-SC judges. In the case of the helicopter, the judge considered that the use of the vehicle did not unbalance the dispute. Furthermore, she stressed that the panel’s accountability had been approved by the court itself.

Regarding the use of Havan’s structure during the campaign, Rocio stated that photos and videos demonstrate that Hang “used the company’s apparatus to support the candidacy”, but considered it necessary evaluate the impact of this practice to consider that there was abuse of economic power.

Rocio cited the case of José Ari Vequi it’s from Gilmar Doerner, former mayor and former vice-mayor of Brusque (SC), who were revoked by the TSE in 2023 precisely because Hang recorded and released videos in support of them. In that case, however, there was use of the company’s logo and assets in favor of competitorswhich, according to the Court, created an association between the Havan brand and the candidates.

For the TRE-SC judge, the case of Jorge Seif is different because the use of the company’s structure “does not find the dimension capable of concluding that it has affected the normality and legitimacy of the electoral process”. Finally, regarding the event promoted by the São João Batista Footwear Industry Union, Rocio understood that it was not possible to identify that the entity privileged Seif to the detriment of other candidates.

Electoral MP spoke out for the impeachment of Jorge Seif

The Public Electoral Ministry, on the other hand, issued an opinion to revoke the ticket at the beginning of March, after the case was taken to the TSE.

In a note released at the time, Seif’s defense said they had “good expectations” regarding the judgment at the TSE. According to lawyers, there is no evidence regarding the alleged illicit acts and, therefore, the TRE-SC decision must be upheld in full.

Moro’s path is longer

Moro’s case, on the other hand, has not yet been judged even in the TRE-PR (Paraná Regional Electoral Court). The Court began analyzing the actions against him this week. There was a vote against the impeachment by the rapporteur, Luciano Carrasco Falavinha Souza. The trial continues this Wednesday (3) and, if not concluded, will resume next Monday (8).

After the conclusion of the trial at TRE-PR, the case can be taken to the TSE. And there are no guarantees that, if he is acquitted in state court, Moro will have the same result in Brasília. In case of Deltan Dallagnol, for example, the two courts had different understandings. Dallagnol ended up having his mandate as federal deputy revoked by the TSE even after being unanimously acquitted in the TRE-PR.

The article is in Portuguese

Tags: TSE revoke senators mandate

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