The MDB of São Paulo asked the Public Electoral Ministry this Friday, 3rd, to open an investigation to determine whether there was use of the federal public machine in the act of the trade unions on May 1st in which President Luiz Inácio Lula da Silva (PT ) asked for a vote for Guilherme Boulos (PSOL), pre-candidate for Mayor of São Paulo. When contacted, the Presidency of the Republic and Boulos’ pre-campaign did not take a position until the publication of this report.
Ricardo Nunes’s party (MDB), which is running for re-election, pointed out the existence of a series of irregularities that can be classified as abuse of political and economic power and misuse of the media, in addition to illicit fundraising, which at the limit it could lead to the ineligibility of the president and the PSOL deputy.
Experts consulted by Estadão differ on the matter and state that a possible electoral judicial investigation action (Aije) can only be initiated after the candidacy is registered between the end of July and the beginning of August. The request is different from the action in which the MDB asks that Lula and Boulos be fined for early electoral propaganda.
Lula asked for a vote for Boulos at a Labor Day event in São Paulo Photo: Taba Benedicto/Estadão Photograph: Taba Benedicto/Estadão
The MDB states that although the President of the Republic has the right to express his support for the PSOL pre-candidate, he cannot do so supported by the state structure and the financing of entities linked to the federal government. The event was sponsored by Petrobras and the National Council of Sesi (Industrial Social Service), in addition to fundraising via the Rouanet Law.
The event was broadcast by the Brazilian Communications Company (EBC), a federal government agency, through CanalGov, one of its YouTube profiles. The video broadcasting the event was removed from the channel, as well as from Lula’s official profile, which anticipated a court decision that would come hours later.
The MDB also points out that the president’s reprimand, who told Minister Márcio Macêdo that the event was “poorly called”, demonstrates that “in the understanding of the President of the Republic, it was up to the Government to organize and take the public to the event”.
“Nobody will defeat this guy here if you vote for Boulos for mayor of São Paulo in the next elections. And I’m going to make an appeal: every person who voted for Lula, in 1989, in 1994, in 1998, in 2006, in 2010 and in 2022, has to vote for Boulos for mayor of São Paulo”
Lula spoke during the May 1st event
“The images and speeches given on the occasion clearly demonstrate that the event, funded by public and union resources (prohibited by law), distorted into a true electoral rally, had as its main objective to boost Guilherme Boulos’ candidacy for Mayor of the Municipality of São Paulo “, he wrote Ricardo Vita Portolawyer representing MDB, in the action.
He also argues that the fact that Lula signed a decree readjusting the Income Tax table gave an institutional bias to the event in which the vote was requested. The lawyer also mentions that the PT distributed newspapers praising Boulos and criticizing Nunes and that the federal government appointed Ricardo Stuckert, Secretary of Production and Dissemination of Audiovisual Content of the Presidency of the Republic, “to record electoral photos at the event”. One of the photographs taken by Stuckert was published by Boulos on his social networks.
“He (Márcio Macedo) is responsible for the Brazilian social movement. Don’t think it will stay like this. You know that yesterday (Tuesday) I talked to him about this act and I said to him: ‘Oh Márcio, the act is poorly called. The act is poorly called. We didn’t make the necessary effort to take the number of people we needed to take.’
Lula, criticizing the minister of the General Secretariat of the Presidency of the Republic during the event
The PSOL pre-candidate said on Thursday that the May 1st event was not an event organized by the federal government and that Lula only expressed his desire for political votes and positions that were already public. Boulos also stated that Nunes does not have “the moral authority to accuse anyone regarding the use of a machine”.
“I am appalled by Mayor Ricardo Nunes’s poker face. He has been using the public sector for a year to run an election campaign, he is going to open a health center, he speaks badly of me, he is going to open a paved street, he speaks ill of me, he attacks me, he maintains that he has to be re-elected, this in public events with the structure of the city of São Paulo”, he declared.
The mayor countered Boulos this Friday morning in a note sent to Estadão. According to Nunes, the press is “witness” that when he mentions the name of “this gentleman” it is to defend his honor, that of the city and “the citizens who have their properties invaded”. “I owe satisfaction only to the population of São Paulo, who recognize our work, as research shows. The deputy, on the other hand, owes satisfaction to the Justice”, said the head of the São Paulo Executive.
Experts disagree on the legal consequences of the event
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The experts in Electoral Law consulted by the Estadão They disagree on the possibility of Boulos’ candidacy being revoked due to Lula’s request for votes. After the speech was broadcast, opponents of the federal government defended the annulment of the deputy’s campaign, in addition to the president’s ineligibility due to abuse of economic and political power.
For electoral lawyer Fernandes Neto, Lula’s statements were not “serious enough to justify a conviction for abuse of political, economic and media power”, even with the use of public resources to pay for the event and the live broadcast. made by TV Brasil.
Electoral lawyer Adriano Soares da Costa, author of the book “Institutions of Electoral Law”, assesses that Lula’s conduct was serious and leaves room for classifying him as part of the electoral offenses of abuse of economic and political power and misuse of means of communication, which, by extension, would also affect Boulos for having been the beneficiary of any prohibited conduct.
“This could constitute abuse of political power and economic power through the use of public resources. The use of TV Brasil generates, in theory, the misuse of social media,” he stated. “Lula’s speech alone would be mere early election propaganda and would result in a fine. The problem is the context of the speech. If he made this speech in an interview or at a meeting that did not involve public resources, it would be early electoral propaganda. But there is the use of public resources,” he said.
The electoralist also pointed out that Lula’s conduct was aggravated by the fact that he sanctioned the readjustment of the Income Tax table during the event with the trade unions. He also stressed that unions are prohibited by electoral law from investing resources in political activity, under the risk of incurring undue expenditure, the penalty for which is ineligibility.
“Both the Rouanet Law and union spending could not be used in an electoral event. It was in a private environment, but he (Squid) performed a public act for the benefit of workers by changing the tax table. What would have been eminently private became incorporated as a government event”, he assessed.
For Vânia Aieta, the chances of Boulos having his candidacy jeopardized are minimal. The expert also does not see the possibility of this fact causing the president’s ineligibility. “It may involve prohibited conduct, but I support the theory that it would continue to be a fine. It would be a bolder penalty, but it would also not result in the revocation of the future candidacy. Lula’s future ineligibility would also be absurd,” she stated.
Tags: MDB asks investigate public machinery event Lula asked vote Boulos
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