Coalition suspected of using non-existent injunction.
The coalition supporting Senator Benedito de Lira, the PP candidate for governor of Alagoas, is suspected of using an injunction that was not issued by Supreme Federal Court (STF) Justice Luiz Fux; the objective was to broadcast campaign advertisements in the Electoral Guide that had been suspended by a decision of the Regional Electoral Court of Alagoas (TRE/AL).
Alagoas247 - With the airing of its last program on the Electoral Guide, on Wednesday night, suspended by a decision of the Regional Electoral Court of Alagoas (TRE/AL), the coalition "Together with the People for the Improvement of Alagoas", of the gubernatorial candidate Benedito de Lira (PP), tried to guarantee the broadcast through a decision that was not issued by the Superior Electoral Court (TSE).
Lira's campaign legal team wanted TV Gazeta to air the program based on an alleged injunction from Minister Luiz Fux authorizing its broadcast. However, the document that arrived via fax at the station at 20:23 PM, bearing the TSE (Superior Electoral Court) letterhead and signed by a court employee, stated the exact opposite of the actual decision, which only occurred an hour and a half later and kept the candidate off the broadcast.
The procedural records available on the court's website show that Minister Luiz Fux dismissed and denied the request made by Benedito de Lira's coalition. The record of the single-judge decision in the system is from 21:30 PM. Curiously, TV Gazeta also received another document with the TSE (Superior Electoral Court) letterhead via fax at 21:42 PM, correcting the previous communication which, according to the text, had been transmitted by 'error'. It also stated that the minister was, at that moment, considering the request for a preliminary injunction in the precautionary action.
The information cast even more uncertainty over the unfolding events, since at 21:42 PM, Fux had already issued the decision, as shown by the procedural activity on the TSE portal.
The first fax that arrived at the station requesting urgent action to ensure the airing of the candidate's program more than an hour before the actual decision is signed by the judicial secretary Fernando Maciel de Alencastro. The second communication, alleging that the first was incorrect, is signed by the processing coordinator Daniel Vasconcelos Borges Neto.
The coalition's lawyer, Marcelo Brabo, contacted TV Gazeta even before the first document arrived, around 20 pm, asking the station to take steps to broadcast Benedito de Lira's (PP) program in the guide because the decision had been favorable. When questioned about how he obtained the information regarding a decision that, in fact, did not even exist and was moreover contrary to what was later issued, he said that he was informed by lawyer Joelson Dias, who also works for the coalition and was in Brasília.
Brabo stated that Joelson Dias was informed of the decision verbally by someone from Minister Luiz Fux's office. The lawyer did not know the name of the official who passed on the information. According to him, if there is anything to explain in this series of contradictory pieces of information, it is the Superior Electoral Court (TSE) that must do so, not the coalition. "Those who have to explain what is wrong are Minister Fux, his office, and the TSE," he argues.
PMDB
The PMDB of Alagoas filed a criminal complaint this Thursday (2) with the Federal Public Prosecutor's Office and the Federal Police regarding fraud at the TSE due to the issuance of a determination, via fax, supposedly dispatched from Brasília to the broadcaster that was generating the TV programs in the Alagoas Free Electoral Time on the night of Wednesday, October 1st.
Senator and gubernatorial candidate Benedito de Lira (PP), the coalition's lawyer, Marcelo Brabo, and also Joelson Dias and Fernando Alencastro are being named as suspects in the fraud.
Alerted to the fraud, the lawyers for the coalition led by the PMDB party went into action to understand how a decision from the Superior Electoral Court (TSE) could have been sent so late, instead of with the 60-minute notice required by law. They also wanted to know how the communication from the Superior Electoral Court had been sent directly to the broadcasting media outlet and not to the Regional Electoral Court of Alagoas, which would then officially communicate the decision to the broadcaster, as stipulated by the regulations.
Upon discovering the fraud, the PMDB filed a criminal complaint and requested an investigation by the Federal Police and the Federal Public Prosecutor's Office, identifying the main suspects.
With gazetaweb.com