TRE free elected mayor of Recife threat of cassation

The elected mayor of Recife, Joao da Costa (PT), is free of cassation and ineligibility for three years that had been condemned in the first instance, on September 23, for alleged abuse of political and economic power. The decision of the judge of the 8th electoral zone, Nilson Nery, in response to actions brought by state prosecutors, was retired in the second instance, the Regional Electoral Court's full of Pernambuco, that the innocent PT, unanimously last night. CANCELLATIONS The vote followed the rapporteur's Margaret Cantarelli, who turned in the penalty of a fine recovery. The amount proposed by Cantarelli - U.S. $ 58525.50 - has generated some disagreements, but prevailed. In a session that lasted four and a half hours, the rapporteur said that the then candidate John da Costa received is to canvass extemporaneous, with the launch of the magazine of the Participatory Budget, when he was secretary of Participatory Planning in March. Not complied, but the thesis that the fact characterize abuse of economic power. For CANCELLATIONS, the magazine, whose production cost U.S. $ 110 thousand, brought subliminal propaganda in favor of the then pre-candidate, without, however, have the power to influence the election of Costa, who won the first round with 51 % Of the votes and more of 200 thousand votes of advantage over the second placed. In the first instance, Costa was also convicted of use as a beneficiary of the structure of city hall by officials of commissioned positions, which used computers from the Municipal Department of Education to coopt servers to participate in their election campaign. Cantarelli noted that in the case, it was not possible to identify a large structure of servers engaged in the campaign and that the elected mayor could not be punished so severely, as the judge ruled in first instance, "for acts irresponsibly charged by local servers." "Implementing the penalty so severe violate constitutional principles," she said, it proposed a fine of 50 thousand UFIRs (U.S. $ 53205.00) reviewed by the propaganda of extemporaneous and 5 thousand UFIRs (U.S. $ 5320.00) for the benefit of propaganda servers, totaling U.S. $ 58525.50. The rapporteur relieve the mayor Joao Paulo (PT) of any liability in the case for lack of evidence in the case, which was also accompanied by voting unanimously by the full court. Of the legal team of John da Costa, a Virginia lawyer Pimentel said that has always believed that the elected mayor would be acquitted. She said that the team will discuss whether or not draw the fine.