TRE-PR begins judging Sergio Moro’s impeachment, and rapporteur votes against

The Regional Electoral Court of Paraná began judging this Monday (1/4) two actions that request the revocation of the mandate of senator Sergio Moro (União Brasil-PR) and the decree of his ineligibility.

In this Monday’s session, the oral arguments of the parties and the vote of the rapporteur, judge Luciano Carrasco Falavinha Souza, took place. He voted against the impeachment. According to the magistrate, there is no evidence of abuse of economic and political power and misuse of the media during Moro’s pre-campaign in 2022.

The second judge to vote, José Rodrigo Sade, asked for a review, but must present his vote in the next session. TRE-PR reserved Wednesday (3/4) and Monday of next week (8/4) for the judgment of the cases.

The actions were filed by the PL and the Brazilian Federation of Hope, formed by PT, PCdoB and PV. The parties questioned Moro’s campaign and pre-campaign spending and accused the politician of slush funds involving the hiring of a law firm belonging to his deputy.

According to the captions, Moro’s pre-campaign for the Presidency of the Republic and the politician’s consequent exposure ended up influencing the race for the Senate. Initially, Moro would run for president for Podemos. He later ran for federal deputy for São Paulo, but ended up running for senator for Paraná, a position for which he was elected.

According to the actions, the expenses for the pre-campaign for president, added to those for the pre-campaign and the Senate campaign, violated the “equality of conditions between competitors” in Paraná. The Public Prosecutor’s Office spoke in favor of the revocation.

No abuse

Falavinha said that it is not possible to add up the pre-campaign expenses for the Presidency, Chamber and Senate to conclude that there was abuse, since changes in terms of the political position being contested would be normal.

“In order for it to be possible to conclude that the person being investigated exceeded the spending limit because he used his frustrated presidential candidacy to qualify for the Senate in Paraná, it was essential that, from the beginning, the intention was to run in the state of Paraná”, stated the rapporteur. .

The judge also pointed out that the authors of the actions prevented Moro’s candidacy in São Paulo and, later, pointed out excessive spending in the Senate race, in behavior that “apparently seeks to prevent the person being investigated from participating in political life”.

“There is no evidence, not even testimonial, showing that from the beginning the objective was to run for Paraná. We cannot lose sight of the fact that arrangements and contacts aimed at a specific candidacy are part of the political game, which in the end result in candidacies other than the first.”

Falavinha understood that Moro’s expenses in the pre-campaign and campaign were R$224,700 — which would not have constituted abuse. The Prosecutor’s Office cited around R$2 million, while the plaintiffs cited amounts exceeding R$21 million (PT) and R$7 million (PL).

The judge also stated that politics cannot be criminalized. And he assessed that it is not up to the Judiciary to act against what it considers outrageous, but rather to act in accordance with the law.

Accusations of violations

According to the parties, Moro’s expenses in the Senate race and in the pre-campaign for the Presidency exceeded the limit established by the TSE, which is R$4.4 million for the race for the legislative house.

The captions also state that the former judge enjoyed funding and exposure in two parties and in different candidacies, which gave him an undue advantage over the other candidates.

In addition to the R$1 million legal services, another company owned by Moro’s deputy was reportedly hired by Podemos to draw up the government plan when the current senator was still a pre-candidate for the Presidency. Expenses would reach R$360,000, in monthly payments of R$30,000. Two installments were paid before Moro left Podemos.

When speaking out for his impeachment, the Public Prosecutor’s Office pointed out irregularities in Moro’s campaign. He said, for example, that expenses for the politician’s membership ceremony with Podemos should be counted as an investment in the pre-campaign.

“The Attorney General’s point is that it is not necessary for the expenses to be illicit. We are talking about the unrestricted application of resources, which can lead to an unevenness in the election. And we are also talking about boosting the candidate’s image, whether by holding events or through media promotion”, said regional electoral prosecutor Marcelo Godoy.

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