TRE revokes Augusto Bezerra's mandate

The Regional Electoral Court of Sergipe (TRE-SE) decided this Thursday afternoon (28), by majority vote, to revoke the diploma and mandate of state deputy Augusto Bezerra, for the practice of illegally capturing and spending public funds; the TRE judged the representation promoted by the Electoral Public Ministry, which accused the deputy of possible practice of distributing funds in an election year, by members of the Legislative Assembly, to welfare entities, under the heading of subsidy funds.

July 29, 2016, 00:43 pmUpdated May 28, 2019, 08:43 AM

The Regional Electoral Court of Sergipe (TRE-SE) decided this Thursday afternoon (28), by majority, to revoke the diploma and mandate of state deputy Augusto Bezerra, for the practice of illegally capturing and spending public resources; the TRE judged the representation promoted by the Electoral Public Ministry, which accused the deputy of possible practice of distributing values in an election year, by members of the Legislative Assembly, to welfare entities, under the heading of subsidy funds (Photo: Valter Lima)

247- The Regional Electoral Court of Sergipe (TRE-SE) decided this Thursday afternoon (28), by majority vote, to revoke the diploma and mandate of state deputy Augusto Bezerra, for the practice of illegally capturing and spending public funds. The TRE judged the representation promoted by the Electoral Public Ministry, which accused the deputy of possible practice of the prohibited conduct, foreseen in art. 73, §10, of Law 9.504/1997, consisting of the distribution of values in an election year, by members of the Legislative Assembly of the State of Sergipe, to entities of an assistance nature, under the heading of subsidy funds.

At the end of the trial, 5 magistrates voted for the removal from office and 1 voted against. Voting for the removal from office were the case rapporteur, Judge Edson Ulisses de Melo, the president of the TRE-SE (Regional Electoral Court of Sergipe), Judge Osório de Araújo Ramos Filho, and Judges Francisco Alves Júnior, Fernando Escrivani Stefaniu, and Gardênia Carmelo Prado. Judge Jorge Luís Almeida Fraga was the dissenting vote in his decision against the request.

In its accusation, the Electoral Public Prosecutor's Office stated that Augusto Bezerra distributed ALESE (Legislative Assembly of Sergipe) subsidy funds among five charitable entities, totaling R$ 1.080.000,00 (one million and eighty thousand reais). Another point attacked by the MPE (Electoral Public Prosecutor's Office) was the abuse of political power, since the deputy allegedly violated the rules for raising campaign funds, obtaining for himself part of the public funds destined for the Association of Residents and Friends of the Vezeza Neighborhood – AMANOVA, aiming to favor his electoral campaign.

To support its arguments, the Public Prosecutor's Office attached numerous documents to the case file, in addition to testimonies from several individuals involved. Finally, the ministerial body cited the disapproval of the Represented Party's campaign accounts, according to TRE-SE Ruling 452/2014.

In his defense, Augusto Bezerra argued, among other points, the nullity of the evidence produced due to a violation of article 105-A of Law 9.504/97, and the consequent nullity of the investigation procedure, based on the principle of the fruit of the poisonous tree, as well as the lack of evidence of funds originating from the AMANOVA institution in the campaign.