TSE rejects military charges to access data from past elections

The Superior Electoral Court denied a request by the Ministry of Defense to access files relating to the 2014 and 2018 elections.

The answer is contained in a letter sent by Court technicians to Minister Paulo Sérgio Nogueira de Oliveira, former commander of the Army, this Monday 8th.

In a document sent to the TSE at the end of July, the military reinforced a demand for sending data on the last two presidential elections, both of which were frequently used by Jair Bolsonaro (PL) to suggest, without evidence, electoral fraud.

One of the items demanded by Defense was a “list of documents related to the 1st and 2nd rounds of the 2014 and 2018 elections (the last two general elections)”.

In response, the TSE stated that “the entities inspecting the electoral process do not have powers of analysis and inspection of past elections, not fulfilling the TSE’s external control role“. He added that there was a limit for requests regarding the elections: January 2015, in the case of the 2014 election, and January 2019, regarding the 2018 election.

The military requested other data that, as demonstrated by the TSE, are already on the internet. The court sent the links with the appropriate responses to the Defense.

In another document addressed to Nogueira de Oliveira, the president of the Court, Edson Fachin, stated that it is not possible to have “reserved institutional spaces or meetings that are outside the action plan approved by the Commission for the Transparency of Elections”.

The Defense Minister demanded “preparatory technical information” to “make the work of the Armed Forces Inspection Team for the Electronic Voting System viable”. He still wanted an exclusive meeting of technicians from the TSE with technicians from the Armed Forces.

According to Fachin, “all information requested by the supervisory bodies and members of the Elections Transparency Commission is always answered, through a circular letter, to the other entities”.

The magistrate amended: “The primacy of transparency and compliance with the iter supervisory bodies recommend that reserved institutional spaces or meetings that are outside the action plan approved by the Elections Transparency Commission, in the first half of 2022, do not thrive″.

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