Minister Benedito Gonçalves, rapporteur of the case at the Superior Electoral Court (TSE) against Jair Bolsonaro, has voted for the former president’s ineligibility for eight years.
Gonçalves cited abuse of political power and misuse of media as the grounds for the decision.
The trial was temporarily halted and will resume on Thursday with the votes of other ministers.
In his vote, Gonçalves proposed barring Bolsonaro from running for eight years starting from the 2022 election.
The minister dismissed the Democratic Labor Party’s request to annul the ticket due to Bolsonaro’s electoral defeat.
He did not declare the ineligibility of General Braga Netto, the vice-presidential candidate on the ticket.
Gonçalves suggested that the case be referred to the Federal Audit Court (TCU) and the Federal Supreme Court (STF) to determine if there are any investigations against Bolsonaro beyond the scope of the Electoral Justice.
During the reading of his vote, Gonçalves highlighted Bolsonaro’s speeches during the meeting with ambassadors as a “dangerous flirtation with a coup.”
He also addressed Bolsonaro’s repeated reference to staying “within the four lines,” expressing concern that this rhetoric could lead to actions against democracy.
Gonçalves pointed out that Bolsonaro’s statements at the meeting fueled conspiracy theories and victimhood, claiming that the upcoming elections would be rigged.
The rapporteur emphasized that such content undermined the credibility of the TSE in the international community.
The rapporteur argued that Bolsonaro’s conduct created a “cognitive short circuit” and eroded trust in democratic institutions.
He highlighted the former president’s allegations that accepting the election results would be contingent on impossible criteria.
Gonçalves defended the inclusion of the draft document found at the home of former Justice Minister Anderson Torres in the lawsuit, stating that it provided relevant context to the case.
He distinguished this situation from the trial of Dilma Rousseff and Michel Temer in 2017, where new evidence emerged during the proceedings.
Bolsonaro’s lawyer, Tarcisio Vieira de Carvalho Neto, announced plans to appeal to the Supreme Court if the TSE rules in favor of Bolsonaro’s ineligibility.
However, such an appeal does not have the power to alter the decision or suspend any resulting ineligibility.
The case revolves around Bolsonaro’s meeting with ambassadors at the Alvorada Palace in July 2022, during which he questioned the electoral system, raised doubts about electronic voting machines, and criticized higher court judges.
The trial will resume with further votes on Thursday, determining the final outcome.