Brazil, TSE and electoral fraud

GILMAR SAVES FEAR AND DEMORALIZES TSE

Two years after fighting for the prosecution of retired senator Aécio Neves against the legitimate president Dilma Rousseff to thrive, by the time the 2014 presidential campaign bills had been approved, Minister Gilmar Mendes gave Minerva a vote in the judgment he acquitted the Dilma-Temer plate by 4 to 3;the change of position is due to the PSDB having taken the assault government, appointing four ministers; in the decision, Gilmar said that he gave force to the action "but not to cancel mandate"; Temer was also saved by two ministers whom he appointed, Admar Gonzaga and Tarcisio Neto, as well as Napoleão Nunes Maia Filho; charge of Latuff portrays the Brazilian tragedy

Two years after fighting for the prosecution of retired senator Aécio Neves (PSDB-MG) against the legitimate president Dilma Rousseff to thrive, when bills for the 2014 presidential campaign had already been approved, Minister Gilmar Mendes cast a vote of Minerva in the trial that acquitted the Dilma-Temer plaque by 4 to 3 on Friday night in the Superior Electoral Court.

The change of position is due to the fact that the PSDB has taken the assault government, appointing four ministers. In his vote, Gilmar said that he gave force to the action, "but not to release mandate." 

Before Gilmar, the rapporteur for the case, Minister Herman Benjamin, and the ministers Luiz Fux and Rosa Weber voted for the cassation of the plaque. Ministers Napoleão Nunes Maia Filho, Admar Gonzaga and Tarcísio Neto voted for the acquittal. The latter two were recently appointed by Temer to court.

At the return of the trial this afternoon, the deputy prosecutor, Nicolao Dino, has requested that Minister Admar Gonzaga be barred from participating in the trial. The reason, according to him, is the fact that Gonzaga already acted as a lawyer to Dilma Roussef

Rosa Weber votes for the cassation of the Dilma-Temer sheet in the TSE

André Richter - Electoral Court (TSE) Minister Rosa Weber today voted in favor of the cancellation of the Dilma-Temer plaque, which won the 2014 elections. With the vote of the minister, the voting score is tied for 3 3. The tie-breaking vote shall be by the President, Gilmar Mendes, President of the Court.

In the vote, the minister defended the inclusion of the statements made by former Odebrecht executives in the PSDB's action in 2014, and said that new facts can be analyzed by the TSE.

The minister advanced her vote early in the reading of her demonstration. In announcing that he was following the rapporteur's understanding, Minister Herman Benjamin, she called his vote "historic."

In the session this morning, the rapporteur Herman Benjamin voted for the cassation of the plate by abuse of political and economic power by the receiving of tip to finance part of the campaign. He said, however, that the crimes attributed to the winning plaque were also committed by other parties.

Ministers Admar Gonzaga, Napoleão Maia and Tarcisio Vieira also voted against the cassation. Luiz Fux voted with the rapporteur for the cassation.

Fux says TSE needs to stand and vote for the cassation of Dilma-Temer

Ivan Richard Esposito - The Minister of the Superior Electoral Court (TSE) Luiz Fux voted today (9) for the cassation of the Dilma-Temer plate. The minister agreed with the remarks of the rapporteur, Herman Benjamin, to include in the action the content of the award-winning donations from Odebrecht executives and marketers João Santana and Mônica Moura. With this, the score of the voting happens to be of 3x2 against the annulment of the coalition with the People's Force.

In his vote, Fux quoted the president's statement, Minister Gilmar Mendes, that "even the stones know that the political environment today is severely contaminated" and said that the TSE needs to position itself. "The hour of redemption is now."

"I wonder, as a magistrate, that if I, as a magistrate, am going to try a case, now, with this group, with this unimproved picture of illegality , infractions, I will feel comfortable using a procedural instrument to not face reality? The answer to me is absolutely negative, "said Fux.

For the minister, the law and reality can not be "separated" precisely at the time of the final decision. "I would not have the peace that a magistrate should have if I could not face these facts," he added.

"I welcome the factual-evidential conclusions of the rapporteur, that nobody knows the process better than he does, I welcome his statement among the illicit proven gratuity-saving." I also welcome the illicit practice of payment for João Santana. was distributed by SetBrasil, two box tip in Odebrecht's current account, "said the minister.

TSE: Tarcisio Vieira is the third to vote against the cassation of Dilma-Temer

André Richter - Tarcisio Vieira, the minister of the Superior Electoral Court (TSE), voted against the cancellation of the Dilma-Temer plaque, winner of the 2014 elections. With his vote, the voting score is 3 to 1 by the acquittal of the plate. The votes of three ministers are missing.

In his vow, Vieira understood that the allegations of former Odebrecht executives can not be analyzed by the Court because they were not in the original PSDB petition of 2014 when the party filed suit for the revocation of the plaque winning the presidential election year.

The remaining evidence, like other statements from Lava Jato operatives, who also cite tip-offs for the plate, Tarcisio Vieira said that the evidence is not sufficient to conclude that the funds diverted to the PT and PMDB fueled the 2014.

"There has been no categorical confirmation [of witnesses] about the use of bribes from contracts of contractors linked to Petrobras in the 2014 campaign," said the minister.

In this morning's session, the rapporteur of the case, Minister Herman Benjamin, voted for the cassation of the plaque for abuse of political and economic power by receiving a bribe to finance part of the campaign. He said, however, that the crimes attributed to the winning plaque were also committed by other parties.

Up to now, ministers Admar Gonzaga and Napoleão Maia have also voted against the cassation. The next to vote will be the ministers Luiz Fux, Rosa Weber and the president of the Court, Gilmar Mendes.

Admar Gonzaga votes against the cassation of the Dilma-Temer sheet in the TSE

Ivan Richard Esposito - Alleging lack of evidence and dismissing the content of the allegations of Odebrecht executives and marketers João Santana and Mônia Moura, the minister of the Superior Electoral Court (TSE) Admar Gonzaga recently voted against the cassation of the Dilma-Temer plate, winner of the 2014 elections. Thus, the score of the vote will be 2 votes against and 1 in favor of the cassation.

"Faced with this, in the absence of a conclusive evidential context in the face of sustained gravity, I do not recognize the practice of abuse of power as a result of the facts under analysis," Gonzaga said in his vote. "I do not see the occurrence of other facts that corroborate the destination of abusive fact," he added.

At the beginning of his vote, Admar Gonzaga criticized his request for suspicion by the deputy prosecutor, Nicolao Dino. For him, the request is a criticism of lawyers. "There is no question of a cause of the 2010 elections that I advocated, and I made every effort, and when we leave here, respecting the quarantine, I will do it again. We have verified this cleverness to bring, just before my manifestation, a species I am here invigorated to honor the colleagues [lawyers] who are here, "said the minister, who represents the class of lawyers in the composition of the Court.

In refusing to use the testimony of executives of the company Odebrecht and the marketers João Santana and Mônica Moura, Gonzaga claimed the preservation of legal security. "Legal and political security must be safeguarded in the exercise of their mandates. It is essential to confer the least legitimacy on those exercising political power, who can not make important decisions with the sword of Damocles on their heads, and a sword that increases in size every day, "the minister said.

Gonzaga acknowledged that the testimonies of the delations deal with "very serious facts that merit investigation," but that can not be treated in this action, "with respect to the rule of congruence." "In Brazil today [in the context of Lava Jato], every time you put your hand, a chicken comes out. But you have to reformulate [the idea] for electoral law. It may be worth it, but it has to be that chicken. "he said in reference to the opening piece.

Following the session, ministers Tarcisio Vieira, Rosa Weber, Luiz Fux, and the president of the court, Gilmar Mendes, should vote if the vote is tied.

Napoleon Maia votes against cassation of the Dilma-Temer sheet at the TSE

André Richter - Election Minister Napoleão Maia on Wednesday voted against the cancellation of the Dilma-Temer ticket, which won the 2014 elections. With the vote of the minister, the voting score is tied at 1 to 1 The votes of five ministers are missing.

In his vote, Maia voted against including Odebrecht executives' allegations in the lawsuit and said there is not enough evidence to prove that the election campaign used illegal kickbacks to fund the dispute. According to the minister, the evidence is only a lesson.

"If this is accepted, it opens up an infinite range of punishments for everyone who has been elected with such savings," he said.

The minister also understood that in the case of electoral processes, the evidence should be limited to the initial request. Maia also stressed that guaranteeing the defense of the parties does not mean agreeing with their conduct. "Garantism is one thing, impunity is another."

Following the session, ministers Admar Gonzaga, Tarcisio Vieira, Rosa Weber, Luiz Fux, and the presiding judge, Gilmar Mendes, are expected to vote.

In this morning's session, the rapporteur of the case, Minister Herman Benjamin, voted for the cassation of the plaque for abuse of political and economic power by receiving a bribe to finance part of the campaign. He said, however, that the crimes attributed to the winning plaque were also committed by other parties.

TSE rejects request to prevent Minister Admar from judging sheet Dilma-Temer

The Supreme Electoral Tribunal (TSE) recently denied a request by the deputy prosecutor, Nicolao Dino, to prevent the minister Admar Gonzaga from taking part in the trial in which the PSDB requested the cassation of the Dilma-Temer plaque. Dino said Gonzaga acted as a campaign advocate for former President Dilma Rousseff before being appointed to court.

Following the request, the matter was put to the vote in plenary. Admar confirmed that he did not act as a lawyer for the plaque and the suspicion was rejected by the Court. After the deliberation, the president of TSE, Gilmar Mendes, accused the Electoral Public Ministry (MPE) of not complying with the principle of procedural loyalty and surprising the Court with the request.

About Me

Following the session, Ministers Napoleão Nunes Maia, Admar Gonzaga, Tarcisio Vieira, Rosa Weber, Luiz Fux and Gilmar Mendes are expected to vote. In this morning's session, the rapporteur of the case, Minister Herman Benjamin, voted for the cassation of the plaque for abuse of political and economic power by receiving a bribe to finance part of the campaign. He said, however, that the crimes attributed to the winning plaque were also committed by other parties.

Rapporteur on TSE ends vote and asks for cassation of Dilma-Temer plaque

Alex Rodrigues and Yara Aquino - The Supreme Electoral Court (TSE) minister, Herman Benjamin - rapporteur for the lawsuit in which the PSDB asks for the cassation of the winning plaque of the 2014 presidential elections - concluded the reading of his vote by deciding to cassation of the presidential plate Dilma Rousseff-Michel Temer. According to him, there was abuse of economic and political power.

After reading the vote of the rapporteur, Minister Luiz Fux, replacing the president of the Court, Gilmar Mendes interrupted the session, which should be resumed at around 3 pm. After the break, the other six ministers will begin to cast their votes. At first, it was agreed that each minister will be entitled to 20 minutes of speech.

After ruling on the cancellation of the mandate, the Court will define the possibility of making former President Dilma Rousseff (PT) and President Michel Temer (PMDB) ineligible. On the uniqueness of the plaque and the scope of its decision on the current president's mandate, Michel Temer, Benjamin said that, "in Brazil, no one elects vice president of the Republic." "We chose a plate that is framed, fused for good and evil," reason why it defends the application of the penalty also to Temer, "he said.

In his vote, Herman Benjamin dismissed some indications of unlawful practices that, though the minister himself says, are proven to be unrelated to the initial premise of the process. The minister dismissed the judgment of the payment of bribes for the contracting of services for the construction of the Angra 3 Plant; the distribution of bribes in the work of the Belo Monte Plant and the payment, via box 2, of the services rendered by the advertising couple João Santana and Mônica Moura.

On almost all of these refuted points, the minister said there was evidence of irregularities, but insufficient to establish a direct relationship between the infraction verified and the petition initially filed by the PSDB.

"I conclude by saying that I have tried to be and behave like the ministers of this house, today's and yesterday's, and I mean that, like every other six ministers on the bench with me, I, as a judge, I can even attend the funeral, but I do not carry the coffin, "Benjamin said.

According to the investigator, the Dilma-Temer plate acted in the practice of abuse of political and economic power when receiving bribe of the construction company Odebrecht for contracts signed with Petrobras and to pay the accounts of the electoral campaign of 2014 with these resources, as shown in the investigations of Operation Car wash. Among the expenses paid with the illicit resources would be the radio and television time for publicizing the electoral propaganda of the plaque With the People's Force in 2014.

"The joint consideration of the evidence gives this rapporteur confidence to consider that the episode of the purchase of TV time from political parties for the majority campaign of the Forces of the People coalition in 2014, which undoubtedly constitutes, in my opinion, judgment, blatant abuse of economic power, "the minister said. "It does not matter if the funds were actually used for the purchase of radio and television time, what matters is that these resources were requested and received illegally, that there was a proven triangulation, by box 2, in the full election period between parties members of the coalition with the People's Forces. "

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source copywriting http://www.brasil247.com/en/247/poder/300494/Gilmar-salva-Temer-e-desmoraliza-o-TSE.htm

Brazil 

Jair bolsonaro and Delegate Francischini in electoral fraud

Owner of websites criticized for 'fake news' receives money from deputy

• Delegate Francischini has allocated R $ 24 thousand of his parliamentary quota to a company linked to the couple that manages a network of sites designated as vehicles that propagate "fake news"

Electoral fraud

Electoral fraud  ,  manipulation of elections  or  manipulation of votes 

is an illegal interference in the process of an  election  , either by increasing the participation of the votes of the favored candidate, depressing the participation of the votes of the rival candidates, or both. What constitutes electoral fraud varies from country to country.

Many types of electoral fraud are outlawed in electoral legislation, but others violate general laws, such as those prohibiting  aggression  ,  harassment  or  defamation  . Although technically the term "electoral fraud" covers only acts that are illegal, the term is sometimes used to describe acts that are legal but considered morally unacceptable, out of the spirit of an election or in violation of the principles of democracy.

 ^[1]  [2]  Showing elections , containing only one candidate, are sometimes classified as electoral fraud, although they can comply with the law and are presented more as referendums.

In national elections, successful electoral fraud can have the effect of a  coup  or corruption of democracy. In a  tight election  , a small amount of scams may be enough to change the outcome. Even if the outcome is not affected, disclosure of fraud can have a damaging effect if it is not punished, as it may reduce voter confidence in  democracy  .

writing source https://en.wikipedia.org/wiki/Electoral_fraud

Six fiscal notes paid by the office of Federal Deputy Fernando Francischini (PSL-PR), Delegate Francischini, pointed out that the parliamentarian allocated R $ 24 thousand of his parliamentary quota, between December of last year and April of this year, to a company on behalf of a couple who run a network of sites targeted as "fake news" vehicles.

The notes appear in the Transparency Portal of the Chamber of Deputies and were issued by the company Novo Brasil Empreendimentos Digitais for "dissemination of parliamentary activity". Monthly payments of R $ 4,000 were paid between December and March, and two other payments of the same amount were made in April.

Novo Brasil Empreendimentos Digitais has as partners registered with the Federal Revenue the lawyer Thais Raposo Chaves and her husband, Ernani Fernandes. Ernani also appears as responsible for the domain of political content site engaged Political Leaf (which has no relation with the Folha Group).

Geraldo Bubniak / AGB / Estadão Content - Mar.2018

Federal deputy Jair Bolsonaro (PSL), who is a candidate for the presidency, arrives in Paraná to launch the pre-candidacy of the Federal Deputy Fernando Francischini, whom he has embraced, to the Senate

Since December, the Folha Politica has published in its pages several texts in which it quotes the deputy Francischini. They have titles like "Delegate Francischini talks 'in the can' what he thinks of Lula" or "Delegate and Bolsonaro present bill to end privileges for former presidents." 

In January, the site also posted a video entitled "URGENT: In live broadcast, Bolsonaro announces application for PSL." In addition to a party companion, Francischini is one of the main political allies of Federal Deputy Jair Bolsonaro (PSL-RJ), pre-candidate for the Presidency of the Republic.

Asked about the invoices, Francischini's advisory said that Ernani Fernandes "provides advice on social networks and publishes some videos for publication" in the profiles of the deputy and that the payments have no relation with the sites of the network administered by the couple.

April invoice received by Ernani's company from Deputy Francischini

According to the deputy's advice, Ernani was appointed to render services to the parliamentarian for "a matter of content affinity" on issues such as anti-corruption, opposition to the PT and support for Operation Lava Jato.

Play / Facebook

Profile photo on Facebook dated 2011 by Ernani Fernandes and his wife, the lawyer Thais Raposo Chaves

Link with Frota and Kataguiri

The Political Sheet, as well as several other similar sites such as Politics on the Net, Courier of Power, Political Criticism, Folha do Povo and Gazeta Social, presents itself as a vehicle administered by Rede RFA (Raposo Fernandes Associados) - a combination of the surnames of Ernani and Thais.

The group also manages the Facebook pages of the sites mentioned above and others such as MCC - Movement against Corruption (the largest of them, with more than 3.5 million followers), Juventude contra Corrupção, Judge Sergio Moro - Brazil Is with You, Support to the Moor and Participative Democracy Movement, besides the official profile of the actor Alexandre Frota in the social network and the Social Record channel, YouTube, among others.

In 2014, some videos of the Social Record had as presenter the current national coordinator of MBL (Movimento Brasil Livre), Kim Kataguiri. At the time, the group that made Kataguiri nationally famous had not yet been formally created.

Marlene Bergamo - 21.set.2015 / Folhapress

Kim Kataguiri, leader of the Free Brazil Movement

The UOL  report  attempted to contact Kim Kataguiri to seek clarification on a possible relationship with Ernani Fernandes, but the MBL leader did not respond to the messages.

Asked about his relationship with Ernani Fernandes and his companies, the actor Alexandre Frota, affiliated to the PSL, said he had no relation with Folha Politica. "My page is Alexandre Frota, and he [Ernani] is one of the administrators, he works managing the page."

The actor added that he is not aware of any inquiry or proceeding that Ernani or his companies are responding or for which they have been convicted.

Narrative antipetista

According to researcher Pablo Ortellado, coordinator of the Monitor Project of Political Debate in the Digital Environment, USP (University of São Paulo), the network of sites associated with Ernani Fernandes constitutes "an ecosystem of its own" in the universe of political content engaged in the Internet.

"He has a portfolio of both websites and Facebook pages," says Ortellado. "If you add it all up, let's see that it's reaching out to millions of people. He's one of the most influential single actors in the network who play this relationship between news sites and engaged pages."

The Folha Política is one of the main sites cited in articles, surveys and lists that address the phenomenon of fake news - fake news published on the Internet or based on information distorted and taken from its original context.

Ortellado says that websites commonly associated with the term "fake news" only occasionally produce transvestite lies.

"Most of what is produced by these sites are stuffed with little distortions: exaggerations, appealing headlines, sensationalist or in disagreement with the text, speculation presented as facts, false attributions and other fraud and accomplishment procedures," says the researcher of USP.

In the case of the content published by the pages of the RFA Network, Ortellado evaluates that the most common characteristic is to filter the facts of the day and adapt them so that they fit "in an antipetista narrative" and help to compose "a certain discourse, a vision of world. "

Discreet profile and company in empty apartment

Besides Novo Brasil Empreendimentos Digitais, Thais and Ernani are also partners in another company registered with the Federal Revenue: Raposo Fernandes Digital Marketing.

Playback / Google Street View

Facade of the house where the company is registered Raposo Fernandes Digital Marketing

The UOL  report  went to the addresses associated with the records of the two companies, both in Interlagos, in the south zone of São Paulo. In one of them, a residential condominium, the porter informed that the unit belonging to Ernani and Thais was empty and that the couple appears in the place only to look for correspondences.

The other is a semi-detached house, with the sign torn from a disabled clinic, which had as its only apparent entrance two metal garage doors, filled with illegible graffiti.

On the spot, the report found Thais and tried to talk to her, but the lawyer refused to speak and said she was leaving for a compromise.

The report also contacted Thais and Ernani via telephone, email and social networking messages for at least four weeks, but received no response.

Most of the information about the two in their personal profiles on social networks is restricted to friends, but both cite having completed studies at the USP Law School.

Ernani is the son of Colonel Ermindo Neto, who served as special adviser to the Army commander between November 2013 and December 2015. In just over 20 texts published by Folha Politica between 2013 and 2014, it was possible to find messages published by the profile of the colonel on social networks in the box intended for comments from readers. 

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source writing https://noticias.uol.com.br/politica/eleicoes/2018/noticias/2018/05/26/dono-de-sites-criticados-por-fake-news-recebe-dinheiro-de -deputado.htm