The Electoral Public Ministry defended to the TSE (Superior Electoral Court) the rejection of two actions calling for the impeachment of President Jair Bolsonaro and vice president Hamilton Mourão, due to massive shootings via WhatsApp in the 2018 elections.
In the opinion, the deputy Electoral Attorney General, Paulo Gonet Branco, states that there is no “proof of the seriousness of the offenses narrated in a degree suitable to substantially vitiate the legitimacy and normality of the elections, which makes the request for impeachment of the ticket unfeasible” .
The actions were presented by PT shortly after the sheet revealing, in the second round of the election, that Bolsonaro supporters fired hundreds of millions of messages en masse against the PT candidacy, a practice prohibited by the TSE.
The scheme was financed by businessmen without due accountability to the Electoral Court, which, in theory, could constitute a two-month crime.
Gonet told the TSE that he discarded the use of evidence collected by the STF (Supreme Federal Court) and shared with the electoral court.
The prosecutor said that the elements gathered in two inquiries that target Bolsonaro’s allies have no connection with the electoral actions.
The Deputy Electoral Attorney General is chosen by the Attorney General of the Republic, Augusto Aras, who has a history of positioning himself in line with Bolsonaro’s agenda.
Before Gonet, the post was occupied by prosecutor Renato Brill de Góes. He had come out in favor of the request for evidence of fake news inquiries and anti-democratic acts to be shared with the actions underway at the TSE.
The electoral court has not yet set a date to hear this case.
In the action, the PT claims that Bolsonaro should be impeached for abuse of economic power and misuse of the media.
The acronym cites the hiring of companies specializing in digital marketing for the current chief executive’s campaign and accuses Bolsonaro’s ticket of using fraudulent CPFs to register cellphone chips that mass fired messages.
The caption says that the hiring of services would have been done by companies, which is also prohibited, since private sector donations to candidates are prohibited.
The deputy general electoral attorney, however, says that “there is no proof of donation by a legal entity.”
In addition, he also claims that there is no evidence that Bolsonaro participated in or was aware of any mass message firing.
“In the same way, because there are no solid concrete elements that characterize the participation or consent of the candidates represented in the abusive acts, the declaration of postulated ineligibility does not prosper”, he says.
Gonet cites the “lack of contemporaneity” in relation to the evidence of the investigations underway at the Supreme with the electoral actions.
“If it is true that the STF investigation aims at the existence of a ‘hate cabinet’, it is not possible to deduce from this that this supposed cabinet was responsible for the ‘pyramidal structure’ narrated by the representatives”, he says.
On the last day 9, the sheet showed that TSE members see connections between mass shootings of WhatsApp during the 2018 campaign and the digital militia linked to the federal government, but that the removal of Bolsonaro and Mourão’s ticket is considered unlikely.
In the perception of members of the court, it would not be difficult to demonstrate abuse of economic power and undue use of the means of communication, two elements necessary for a decision in favor of the slate’s revocation. But this is not enough, as it would be necessary to demonstrate that there was such a serious conduct that it may have interfered with the result.
THE SHARES IN TSE
It was presented by the O Povo Feliz de Novo coalition (PT, PC do B and PROS) and questions the hiring, by legal entities, including Havan, of the companies Quickmobile, Yacows, Croc Services and SMSMarket, responsible for the mass shooting, via WhatsApp, messages against the PT and the O Povo Feliz de Novo coalition.
The action also points to the existence of a “pyramidal structure of communication” to disseminate disinformation via groups originating from the campaign of represented or groups derived from WhatsApp. Aije, in the final allegations phase, had the instruction phase reopened on October 10, 2019.
It was filed by the O Povo Feliz de Novo coalition and presents as a fact to be investigated the hiring of Yacows, Kiplix and AM4 Informática to provide a mass shooting service of electoral messages, by WhatsApp.
The coalition points to fraudulent use of elderly people’s names and social security numbers to register cellphone chips and guarantee mass shootings. Also according to the lawsuit, the alleged use of robots must be investigated. Aije also mentions that some of the contracted agencies were subcontracted by AM4. The lawsuit is at the closing allegations stage. The reopening of the instruction was determined on October 15, 2019.