Brazil electoral court upholds BRL 22.9 mi fine on Liberal Party
Brazil’s top electoral court unanimously decided on Thursday (Dec. 15) to uphold the BRL 22.9 million fine imposed on the Liberal Party (PL) over bad-faith litigation, which happens when facts are misrepresented or when procedures—in this case, the elections—are hindered with on no justifiable grounds.
In appeals to the court, the political party asked the court to invalidate second-round ballots from voting machines whose models date from 2009, 2011, 2013, and 2015—nearly 60 percent of the total—claiming “irreparable malfunctioning noncompliance issues.”
In the ruling, the judges rejected the appeal and complied with the decision of the court head Justice Alexandre de Moraes, who had already dismissed the injunction. In his understanding, the arguments brought forth by the party cannot change the decision. “In this case, the Liberal Party protests only regarding the application of the fine over bad-faith litigation, without sufficient grounds to the court for retraction,” he stated.
Moraes noted that the same electronic ballot boxes, of all models in use—including those from before 2020, challenged by the PL—were used in both the first and second rounds, making it impossible to dissociate both periods in the same election. Furthermore, the issue, the justice added, would also have to apply to other posts, not just that of the president.
“Thus, the petitioner’s deliberate intention to encourage criminal and anti-democratic movements was evident, including the proposition of the flagrantly inappropriate request,” Justice Moraes argued.
Party fund
To ensure the payment of the fine, which will have to be made in cash, the court authorities also approved the immediate blocking of the PL’s party fund until the amount is deposited.
