President Jair Bolsonaro criticized this Tuesday (7) the decision of the 2nd Panel of the Federal Supreme Court (STF) that kept the cassation of the mandate of state deputy Fernando Francischini (União Brasil-PR). A previous preliminary (provisional) decision, handed down by Minister Kássio Nunes Marques, annulled the cassation and return the mandate of the politician from Paraná. In this afternoon’s trial, Nunes Marques maintained his decision and was accompanied by Minister André Mendonça.
The votes to revoke the monocratic decision of Nunes Marques were given by Edson Fachin, Ricardo Lewandowski and Gilmar Mendes, ending in three votes to two for the maintenance of the conviction. The decision also upholds Francischini’s ineligibility for eight years. Francischini’s impeachment was decided by the Superior Electoral Court (TSE) by 6 votes to 1 in October 2021. The then candidate was found guilty of spreading fake news about fraud in electronic voting machines during the 2018 elections. On the day of the first round of that year’s elections, Franscischini made a live in which he claimed that electronic voting machines had been rigged to disrupt Bolsonaro’s election.
“Here, on the other side of Praça dos Três Poderes, a group of the court, by three votes to two, maintains the impeachment of a deputy accused in 2018 of spreading fake news. This deputy did not spread fake newsbecause what he said on the live I also told everyone: that I was having fraud in the 2018 election,” Bolsonaro said during an event at Palácio do Planalto.
The president argued that “there is no criminal classification for fake news” and that the TSE decision that determined the removal of the mandate would have the objective of “creating jurisprudence” as a form of persecution. Bolsonaro also stated that he trusts the machine, in reference to the electronic voting machine, but that he does not trust who is behind it.
In a speech criticizing members of the Judiciary, especially the STF, the president also cited the judgment of the time frame on the demarcation of indigenous lands, which is currently paralyzed in the Supreme Court after a request for a review.
“A new interpretation they want to give to an article of the Constitution. And who wants to give this new interpretation? Minister Fachin, a Marxist Leninist. Lawyer for the MST. What do I do if I approve the time frame? I have two options. the ministers of the Supreme or I say: ‘I will not comply’. I came from the time when the Supreme’s decision is not discussed, it is carried out. I was from that time. I am no longer. Certain measures leap to the layman’s eyes. they do. They want to harm me and harm Brazil”.
wanted by Brazil Agencythe advice of minister Edson Fachin, who also presides over the TSE, said that there is no provision for a manifestation on the part of the magistrate or the court.