The ministers of the Superior Electoral Court (TSE) decided, on Tuesday (5), to overturn the decision of the Regional Electoral Court (TRE-RJ) that made Marcelo Crivella, the former mayor of Rio de Janeiro, ineligible.
In 2020, the TRE-RJ determined that the former mayor would be ineligible for 6 years, for abuse of political power and conduct prohibited to a public agent. With the decision of the TSE, Crivella regains his political rights.
However, by decision of the majority, the Court upheld the sentence to pay a fine for the conduct prohibited to public agents during an election period – the amount was set at BRL 15 thousand.
The TSE resumed, on Tuesday, the judgment of the case, which had started in August with the vote of the rapporteur of the process, Minister Mauro Campbell Marques. At the time, the minister voted to remove the sanction of ineligibility for abuse of political power and maintain the sentence to pay a fine – but reduced the penalty in cash from R$ 106 thousand to R$ 15 thousand.
The trial was restarted with the vote of Minister Sérgio Banhos, who agreed with the rapporteur regarding the conviction for abuse of political power, but understood that the fine for prohibited conduct should be higher – BRL 30 thousand.
Ministers Carlos Horbach and Edson Fachin accompanied the value proposal presented by Banhos. Ministers Alexandre de Moraes, Luís Felipe Salomão and President Luís Roberto Barroso followed the rapporteur’s proposal for a lower fine.
Crivella and his son, Marcelo Hodge Crivella, had been accused by the PSOL of irregularities on account of a Comlurb event at the Estácio de Sá samba school, in September 2018. At the time, Crivella was mayor and ran for reelection – which he ended up losing . Hodge Crivella was a pre-candidate for deputy.
They reportedly participated in an event with employees of the municipal cleaning company in which, among other irregularities, drivers from the municipal fleet were used to transport workers. In addition, the event had been advertised as a meeting to address labor issues and turned out to be an action in which candidates were asked to vote.