Dallagnol is convicted of using social media to promote anti-Lula campaign in advance.
Paulo Eduardo Martins, a Senate candidate from the same state, was also convicted.
Power Agenda - Justice Maria Claudia of the Superior Electoral Court convicted Paraná federal deputy candidate and former prosecutor Deltan Dallagnol of conducting anti-government propaganda against former President Luiz Inácio Lula da Silva. Senate candidate Paulo Eduardo Martins from the same state was also convicted.
The information is G1.
The minister ordered each party to pay a fine of R$5 to the Electoral Court. Bucchianeri also ordered social media platforms to remove the content within 48 hours.
The case refers to a video published in April of this year – still during the pre-campaign period – by Dallagnol on Instagram and, later, published by Martins on Twitter.
According to the PT candidate's campaign, the material contains "decontextualized excerpts that offend Lula's image."
The 2-minute, 12-second video features fragments of witness statements gathered from a hearing during Operation Car Wash, as well as speeches and images in which the former president speaks about the coronavirus and his policy of cracking down on juvenile crimes. All footage was edited with the campaign jingle "Lula Lá" as background music.
For the minister, the material has an “unequivocal electoral connotation”.
“The comments made by the defendant Deltan Dallagnol himself, when sharing the media now being challenged on his personal Instagram profile, clearly demonstrate the unequivocally electoral impact of that post, even though the official campaign period had not yet begun: 'Very exciting, the 'new' jingle for Lula's campaign. Watch it!'”, the minister pointed out.
“Also, Paulo Eduardo Lima Martins commented when sharing the same media on his personal Twitter profile: 'It must be acknowledged. This jingle/clip of Lula conveys exactly the content and meaning of Luiz Inácio's candidacy for president. Do social justice, fight ignorance, share the video',” he added.
For Bucchianeri, the context of the publications reveals the intention to prevent voters from voting for the former president, which points to the electoral nature of the content.
“The context of the posts in question (and the investigation itself into the context in which the behavior considered electorally premature was practiced was considered possible and necessary in the aforementioned precedents established for this election, when analyzing pre-campaign acts) reveal a very clear intention to dissuade voters from choosing a particular candidate in the future, through the propagation of clearly negative and typically electoral content,” said the minister.
In the decision, Bucchianeri stated that Dallagnol and Martins “jumped the start”:
“[…] Before the official period, they shared clear negative electoral propaganda, in a context revealing a request not to vote, which violates the jurisprudence of this Superior Court for the current elections”, he added.