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Maluf-Proof | Truth Without Consequences

lulamalufprefeitura

President Lula (pt) does a deal with Paulo Maluf (PP) for Sâo Paulo city hall ….

 

Jornal GGN –  Contrary to what has been reported, the ruse used in the federal elections tribunal to absolve Paulo Maluf from the Clean Slate Law — Lei de Ficha Limpa  — was not the rapporteur Lúcia Guimarães Lóssio, but rather the presiding justice, José Antonio Dias Toffoli.

It was Toffoli’s decision to schedule the case, taking advantage of the absence of Admar Gonzaga — a vote against Maluf — to obtain the favorable vote of Gonzaga’s substitute, Tarcísio Vieira and thereby overturn  the decision of the regional electoral tribunal (TRE) of São Paulo, which had barred the four-time former mayor from standing for office [based on his criminal conviction in a graft scandal or two, or three.]

Voting against Maluf were Luiz Fux, Maria Thereza de Assis Moura and the rapporteur Lóssio. Voting in favor were Dias Toffoli and justices Gilmar Mendes, João Otávio de Noronha (the substitute) and Vieira.

But this was not the most important aspect of the maneuver. The appeal presented was an embargo de declaração, whose function is merely to correct any omiitssions or contradictions in the ruling, and not to modify the decision, in which case there would occur a case of what is called “the infringement effect” — a modification of the verdict — which is forbidden in cases of this type of embargo.

This sets a reckless precedent based on an appeal not foreseen by the jurisprudence.

Toffoli’s reasons for staging this gambit are unknown. Not only did he vote in favor of Maluf, but also maneuvered to cast doubt on the motivation of the votes against him.

It cannot possibly be the fact that he belongs to the government’s base of political support, since in this case he has voted hand in glove with Gilmar Mendes — a blood enemy of the ruling PT.

The TRE had denied Maluf permission to run for office based on a criminal verdict in the state high court of São Paulo in which he was found guilty of overbilling public works in the amount of  R$ 200 million.

The Maluf family business, Eucatex, is eucalyptus growing and processing, and is publicly traded on the BVMF.

The decision undercuts the Clean Slate Law and demonstrates that the TSE rules depending on the personal preferences of its ministers (justices).

Essentially, Maluf was able to place a long-time ally — Kassab —  in position to inherit the mayor’s office when José Serra left to run for president (promise not kept).

Kassab lost to Haddad of the PT in the last election. In August of this election year, many of the threads in the political network were fraying. From the Folha de S. Paulo, August 29.

The exhibition of a political commercial for the reelection campaign of Governor Geraldo Alckmin, which criticized former mayor Kassab, caused Alckmin to scold his public relations team and suspend transmission of the piece.

The ad went on the air on August 27. The criticism took aim at Alckmin’s principal adversary for the governorship, Paulo Skaf (PMDB). He accused Skaf of “hiding” allies such as Kassab and Maluf and ex-governor Luiz Antônio Fleury (PMDB).

“Skaf is hiding it, just as he is hiding Maluf and Fleury — the governor that bankrupted São Paulo is heading his campaign — but he is for Kassab,” the narrator intoned.

Alckmin had not seen the piece and did not know the details of it. Aides said only that they wanted to “raise the tone” in order to show “who Skaf is.” The governor only found out about the attack after the ad had run.

On September 6, the following report from the Diário da Grande ABC:

The PMDB candidate for governor of São Paulo, Paulo Skaf has disowned the participation of federal deputy Paulo Maluf (PP) and ex-mayor of São Paulo Gilberto Kassab (PSD) as part of his political alliances, even though both are leaders of their respective parties and could have directly ordered the inclusion of their troops in the construction of campaign alliances of the PMDB.

The tactic used by Skaf is to dissociate his image from two politicians with a high degree of negatives, especially in the São Paulo metro area. The partnership of Skaf, Maluf and Kassab has received reinforcements from the state governor and candiddate for reelection Geraldo Alckmin (PSDB), on his television programs.

“The PP is one of the strongest parties in São Paulo and gave us its support. I was not the one supporting Kassab. Alckmin insisted that he serve as a running mate, and it was Kassab who chose to support us and not Alckmin.

Alckmin won with a standard 60% to 40% advantage — they might as well write this result into the state constitution, as it has held for more than 20 years.

Partnerships between the PSD (Kassab) and the PP were sealed on the eve of the legal deadline for registering a candidacy and were calculated to increase the TV time assigned to Skaf. The PP, for example, abandoned the PT candidate and joined hands with Skaf and his supporters.

The same strategy was adopted by Skaf when Alckmin reminded voters that Luiz Antônio Fleury Filho, the last state governor before the beginnings of the PSDB dynasty, was the campaign coordinator of Skaf, on leave from his position as the president of Fiesp (The State Industrial Federation of São Paulo) .

Também na televisão, a campanha tucana lembrou de pontos negativos da administração de Fleury, recordando que foi Mário Covas (PSDB, morto em 2001) quem herdou dívida e pouco dinheiro em caixa para gerir o Estado – o discurso já foi rebatido por Fleury.

Skaf minimizou a participação de Fleury em sua campanha, afirmando que o ex-governador é apenas colaborador do plano de governo. Ressaltou ainda que, se eleito, ele próprio irá governar, sem estar à sombra de outras figuras políticas.

do Estado antes da dinastia tucana, era coordenador da campanha do presidente licenciado da Fiesp .

Também na televisão, a campanha tucana lembrou de pontos negativos da administração de Fleury, recordando que foi Mário Covas (PSDB, morto em 2001) quem herdou dívida e pouco dinheiro em caixa para gerir o Estado – o discurso já foi rebatido por Fleury.

Skaf minimizou a participação de Fleury em sua campanha, afirmando que o ex-governador é apenas colaborador do plano de governo. Ressaltou ainda que, se eleito, ele próprio irá governar, sem estar à sombra de outras figuras políticas.