Franciscini was the subject of an investigation for speaking live on his social media during the first round of elections. At the event, he stated – without providing evidence – that electronic voting machines had been hacked to prevent the election of President Jair Bolsonaro. At the time, the Paraná State District Electoral Court checked the ballot boxes and found that they were working fine, with no evidence of fraud in their system.
The electoral court began analyzing the matter on Tuesday (19), but Minister Carlos Holrbach’s request for a reconsideration suspended the decision.
The Election Court was summoned by the Election Prosecutor, who accuses the MP of spreading misinformation. The congressman’s defense said that Franciscini’s actions took place when he was a federal deputy – therefore, he will be within the framework of the so-called material immunity, which does not allow MPs and senators to be held accountable for their opinions, words and votes.
TRE Parana acquitted the state deputy. The state judges understood that it had not been proven that his live broadcast had the necessary coverage to influence the outcome of the vote. Then the deputy turned to TSE.
The case rapporteur, Minister Luis Felipe Salomau, realized that the dissemination of misinformation could configure the abuse of the media and the abuse of political power. This was the first time the Court has discussed this issue.
At the beginning of the vote, Salomao stressed “the relevance of this case for the entire electoral system, for the entire institutional system of electoral justice.” The minister also stressed that this will be a topic that the Electoral Court will consider in the future.
At the same time, Solomon voted for to revoke Franciscini’s term of office, strip him of the right for eight years and annul his votes, determining that the decision will take effect immediately.
The minister called the information published live “absolutely false” and “manipulative” and misled millions of voters.
Salomao said that in his vote, he emphasized the importance of the role of electoral justice and the extent to which the MP’s behavior can spoil the “electoral system and democratic regime.”
The minister considered that “this is an offensive act, contributing to unreasonable attacks on the e-voting system and democracy itself, giving voters a false idea of fraud.”
“A candidate who promotes unfounded attacks on the e-voting system and democracy, as in this case, using his political power or being the beneficiary of the actions of third parties, can be punished by the Electoral Court,” Salomao said.
Salomao also pointed out that parliamentary immunity cannot be used as a cover for committing crimes.
“Despite the fact that immunity is broad and necessary, it is not absolute, especially when it becomes a real infringement of the principles contained in the Constitution. I think that attacks on the electoral system can be classified as abuse of the media, ”he said. said.
The minister also said that the live broadcast took place when the first round vote was still open in Parana, indicating a benefit for the candidate. And that the event was attended by 70 thousand people, and they told about it in the networks.
It is “notorious” for the magistrate that a state deputy used “false charges of fraud” to portray himself as a “fighter for justice.”
Following the rapporteur’s vote, Minister Mauro Campbell stated that “the practice is more than configured.” “It is impossible to confirm the assertion that parliamentary immunity will serve as a cover for such aggression against the electoral process.”
Minister Sergio Banos said he understands “the abuse of political power and the use of communications.” He stressed that the Brazilian e-voting system model is “successful”.
Minister Carlos Gorbach disagreed. He said that “in principle” he did not see “the seriousness of the reasons for the cancellation of the deputy mandate” and asked to give him more time to analyze the case.
