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The São Paulo Court of Justice (TJ-SP) on Monday banned Governor Márcio França (PSB) from promoting him personally in public speeches on pain of a fine of R $ 5,000, at the following a complaint of the election campaign of the pre-government candidate João Doria (PSDB).
Lawyers Flávio Henrique Costa Pereira and Tony Ferreira de Carvalho Issaac Chalita filed a lawsuit against the current governor of São Paulo because, according to them, Márcio França used a ceremony in the city of São José do Rio Preto to promote, principles of legality, morality and impersonality. "
In a note, the state government claims that the" decision was made without hearing the parties in-depth "and that the judge "was misled." Márcio França adds that the decision is harmless, from day 7 will not sign agreements because of the electoral legislation and informed that it will appeal the decision so that he "can make the correction." See the full note below.
Arguments and Judicial Decision
With the support of the Parquet of São Paulo (MP-SP), the lawyers of the Doria campaign asked the court to exclude the disclosures ons on the event in social networks and the ban of new speeches with the same tone, besides the breaking of seals to verify the paternity of posts and the deviation from the use of the public machine.
After badysis, Judge Alessandra Barrea Laranjeiras, of the 14th Directorate of the Treasury, acknowledged that "there are strong indications of the use of administrative acts for personal promotion and in favor of the defendant, which would lead to an affront to the constitutional principle of impersonality ".
He determined that the disclosures regarding the event in Rio Preto be excluded from the social networks of the state government, that Márcio França refrain from making speeches with personal promotion, the political life or elections, under penalty of a fine of R $ 5,000 per event in disobedience, breaking seals to check the paternity of posts and the misuse of the use of the machine public.
The sentences pronounced by the governor were included in the lawsuit by the lawyers. "People in politics, sometimes the person says that all this is for voting.You see, every activity we do in life is a matter of vocation.The vote is the result of a good job, people vote for who they really like.At the right time, people will decide who is ready, who knows the things, who has the depth to govern the state of Sao Paulo, and decided when he chose each one between But our task is to collaborate with the mayors, "said France during the event. in the event.
In his speech, the governor said, according to the lawyers, that he had created a new way of making alliances by going to the region receiving investment, instead of receiving representatives State cities at Bandeirantes Palace.
"As you have understood, we wanted to do it more informally and quickly, because today we are inaugurating here, exactly here in Rio Preto, this new way of making alliances, instead of that everyone goes there Palace, move, it's far away; For the state of São Paulo, there are 645 cities, so we choose to start here, exactly by Rio Preto, to make this ceremony here today, ushering in this model of agreement, "said France, whose quotes were included in the process.
The judge felt that it is necessary to investigate this denunciation, as such an act would not be against the law, nor would it harm the treasure.
It's an injunction, a decision made without hearing the parties in-depth, that we're going to make it worse for the judge to be able to make the correction, since it's misleading. The measure, even, becomes harmless, since from the 7th of this month I will not establish more agreements in the requirement to the electoral legislation.
I would like to point out immediately that in my public engagements, I have never made any personal promotion, let alone use of the public machine. That is why I am counting on justice and the suspension of the injunction.
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