Starts this Thursday (22), at 9am (Brasília time), the Superior Electoral Court (TSE) session that will judge the process that could make former president of Brazil Jair Bolsonaro (Liberal Party) ineligible. The discussion can take up to three sessions to complete, so it's likely that it won't end until next week. Brasil de Fato presents a step by step of what will happen.
The trial will be broadcast in full on the TSE YouTube channel. This Thursday's session is scheduled to start at 9 am (Brasília time), and the agenda foresees the judgment of the Electoral Judicial Investigation Action (Aije) 0600814-85. The other two sessions are scheduled for next Tuesday, the 27th (starting at 10am Brasília time), and on Thursday, the 29th (at 9am Brasília time).
In addition to Bolsonaro, former minister Walter Braga Netto (Liberal Party), candidate for vice-president in the defeated team in the second round of the 2022 elections, may also become ineligible. The rapporteur for the process is the general electoral inspector, Minister Benedito Gonçalves. It is he who initiates the trial, with the reading of the Aije report, which is available on the Superior Electoral Court's website and has details on testimonials, inspections and required measures.
Right after the reading, the prosecution and defense lawyers will have access to the tribune to present their arguments. Each will have up to 15 minutes for oral presentations. The representative of the Electoral Public Prosecutor's Office (MPE) will speak next, who will give the organization's opinion on the case.
Voting will begin after these oral presentations. The rapporteur, Minister Benedito Gonçalves, will be the first to vote. Next will come Ministers Raul Araújo, Floriano de Azevedo Marques, André Ramos Tavares, Cármen Lúcia (Vice-President of the Superior Electoral Court), Nunes Marques and, finally, the President of the Court, Alexandre de Moraes.
There is the possibility of postponing the decision, if there is a request for a review – when a minister declares the need for more time to analyze the process. In this case, the deadline for resuming the trial is 30 days, renewable for another 30.
What is being judged?
The Electoral Judicial Investigation Action was proposed by the Democratic Labor Party (PDT), which alleges that Bolsonaro and Braga Netto committed abuse of political power and misuse of the media during a meeting between the then president and foreign ambassadors at the Alvorada Palace, on July 18, 2022. The meeting was broadcast live on TV Brasil and on social networks.
Read more: Do que Bolsonaro é acusado no julgamento que começa nesta quinta no TSE?
"It is undeniable that Mr. Jair Messias Bolsonaro took advantage of the event to broadcast the recording of the speech for electoral purposes, inseparable from the 2022 elections. This is because the attack on the Electoral Justice and on the electronic voting system is part of his electoral campaign strategy", says the initial request of the lawsuit.
As it is an electoral issue, therefore, the judgment will not focus on the issue of the possible violation of the Democratic Rule of Law by attacking the Brazilian voting system, even though the issue may appear laterally in the votes of ministers. The Democratic Labor Party lawsuit claims that Bolsonaro engaged in two behaviors that lead to ineligibility, according to Brazilian electoral law: abuse of political power and misuse of media.
