PL ticket to the Senate could be blocked if it has Eduardo as a substitute
The PL (Liberal Party) ticket to the Senate for São Paulo could be challenged if the party insists on keeping Eduardo Bolsonaro as a substitute for state deputy André do Prado, say experts interviewed by CNN Brasil.
Last Tuesday (16), the former president's son was sentenced by the STF (Supreme Federal Treibunal) to 2 years and 4 months in prison for coercion during the process that uncovered an attempted coup d'état in Brazil. In addition to the deprivation of liberty, the Supreme Court also ordered the former deputy to pay a 50-day fine, set at the value of two minimum wages each, and imposed an electoral restriction that could last for up to 12 years and 2 months.
For political scientist Eduardo José Grin, the PL's decision to keep Eduardo on the ticket, even as a substitute, could generate political and legal consequences if it comes to fruition.
"He has to meet the same constitutional and electoral conditions as any candidate. If Eduardo is ineligible, the Public Electoral Ministry or the opposition parties would love to ask for [the ticket] to be challenged. This is a very likely legal scenario."
Another possibility for Eduardo to enter as a substitute on the ticket would be through an injunction in the electoral court. "But it's very difficult, because I think the Supreme would hunt it down", points out Grin.
UFF constitutional law professor Gustavo Sampaio also tells CNN Brasil that the ticket has a chance of being challenged and that "there is no appeal of an ordinary nature to a higher court" so that Eduardo can appeal the STF's decision.
"The Supreme Court is already the Supreme Court of the Republic's judicial organization, there is no one above it", points out Sampaio. "The original criminal actions that are processed in the STF are actions that begin and end in the Supreme Court itself."
He also explains that "during the time he is serving his sentence, Eduardo is ineligible, even if he is not present in Brazil at that time."
As CNN Brasil showed, members of the PL claim that they will insist on Eduardo's candidacy as a substitute for as long as possible, even with the tendency for it to be rendered unfeasible by electoral justice.
"The great electoral engine of this candidacy will be Eduardo Bolsonaro himself", says Sampaio. "Perhaps this is the first time in history that we have a candidate for first substitute who is much stronger than the candidate for senator."
In the scenarios outlined by members of the PL, if Flávio Bolsonaro (PL-RJ) were elected president, Eduardo could try to obtain a pardon of his sentence to return to Brazil and assume the position.
Sentence is "null", says Eduardo
After the STF's verdict, Eduardo Bolsonaro said that any sentence against him is "null" and claimed that he was not officially notified about the process.
"The real objective of this pointless trial is just one: to remove my name from the elections", wrote the former deputy on social media. In a note, Eduardo also criticized the rapporteur of the STF case, minister Alexandre de Moraes, saying that the magistrate is "victim and judge of the same case" once again.
"I am aware of the facts from the newspapers, and knowing the accusation through reporting does not replace the citation provided for by law and international agreements to which Brazil is a signatory. Moraes may not like it, but he cannot choose when to follow them", he stated.
*Under the supervision of João Ker
STF decision prevents Eduardo Bolsonaro from contesting elections for 12 years | CNN NEW DAY
Source: CNN