SP Electoral Justice acquits Tarcísio de Freitas on declaration involving CCP
The Electoral Court of São Paulo acquitted Governor Tarcisio de Freitas (Republicans) of accusations of abuse of political power after a statement made during the second round of elections for the São Paulo City Hall in 2024.
At the time, Tarcisio stated, without presentation, that members of the CCP would have recommended the vote in Guilherme Boulos (PSOL), a statement that generated controversy in the campaign. The statement was made next to Mayor Ricardo Nunes (MDB), Tarcisio’s candidate in the election.
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Boulos’s campaign filed a lawsuit against Tarcisio, Nunes and Deputy Mayor Ricardo Mello Araújo (PL), accusing them of abuse of political power and improper use of the media. According to Boulos’s campaign, Tarcisio would have used his position as governor to spread misinformation, referring to intelligence data that were in his reach as head of the state executive.
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In the action, the Boulos campaign claimed that Tarcísio used the public machine to interfere with the outcome of the election, noting that the governor, as the main electoral cable of Nunes, took advantage of the position to unduely influence the claim.
“The use of the machine and the abuse of political power is uncontested,” said Boulos lawyers.
However, the judge of the first electoral instance ruled that Tarcisio’s statements did not constitute abuse of political power, considering them part of the exercise of freedom of expression and information. The magistrate also pointed out that Tarcisio did not use state appeals to make the statement and that the practice of granting press interviews is not prohibited by the Electoral Justice. According to the decision, the press conference did not have the gravity sufficient to compromise the normality or legitimacy of the claim.
“Contrary to what was alleged, the defendant Tarcísio de Freitas did not use any state apparatus during the conduct of the press conference, which, as stated in the file, was not convened by him, nor is he forbidden by the electoral law,” the judge said in his decision.
