The Board of the Regional Electoral Court of Rio de Janeiro (TRE-RJ) unanimously determined the suspension of transfers of resources from the Party Fund and the Special Fund for Campaign Financing for Senate candidate Daniel Lúcio da Silveira (PTB).
The decision was taken at yesterday’s session (24) and also prevents the expenditure of resources already received by the campaign, which will have to be returned.
The trial complied with the request for urgent relief presented by the Regional Electoral Attorney (PRE), which requested the challenge of Silveira’s candidacy due to criminal conviction by the Federal Supreme Court (STF) for attacks on democratic institutions. After the conviction, Daniel Silveira received a presidential pardon.
According to the understanding of the Collegiate of TRE-RJ, the legislation that governs the presidential pardon does not rule out secondary effects of the sentence, such as the ineligibility of the condemned.
The TRE-RJ decision also provides for a fine of 10% on the amount received by the candidate, in case of non-compliance with the decision. Silveira’s party, PTB, can also be fined if it transfers other amounts to it.
The rapporteur of the process was the electoral judge Luiz Paulo da Silva Araújo Filho. For him, the measure aims to prevent “serious risk of damage to the treasury, with the expenditure of a large amount of public origin”, in case the application for registration of Silveira’s candidacy, which is being sub judicebe denied in the future.
The PRE’s request to suspend Silveira’s access to the free electoral time was provisionally denied by the TRE-RJ Collegiate, until the candidate presents his defense.
In a note, the Regional Electoral Prosecutor’s Office stated that the TRE-RJ decision followed the jurisprudence of the Superior Electoral Court (TSE), that the pardon does not change the suspension of political rights provided for in the conviction by the STF.
“Regional electoral prosecutor Neide Cardoso de Oliveira pointed out to the TRE that the Federal Supreme Court (STF) sentenced Silveira to more than eight years in prison and to the loss of mandate due to coercion in a process and inciting the attempt to prevent the free exercise of powers by the Unity. His political rights were also suspended by the STF”.
Defense
Daniel Silveira released a video on social media of supporters and allies to defend himself. He said he was persecuted by the Justice, which is having the principle of isonomy disrespected and that he continues to campaign.
“Constitutional grace is a private legal instrument of the President of the Republic, it is there in Article 84 of the Constitution. When he gave me this grace, not only giving back my physical freedom, but also giving you back your freedom, your right to expression, he said, ‘Minister, you miserably made a mistake in that decision and I am bringing things back to the normality of the Constitution’” .
According to Silveira, with the presidential pardon, “the entire process to which I was subjected, although illegal, was literally extinguished”, citing Article 738 of the Criminal Procedure Code. For Silveira, the pardon is a “perfect legal object”, not fitting for “teleological interpretations”.
