Candidate in Minas Gerais is the1st barred by Law of Clean Sheet
FILIPE MOTTA from SAO PAULO - Brazil. Published in the newspaper Folha de Sao Paulo on 7/26/2010.
The first candidate was barred based on the Law of Clean Sheet. Athos Avelino Pereira, who is running for the office of state representative for the party PPS-MG, had its registration application denied by five votes to zero in the TRE (Regional Electoral Tribunal) of State of Minas Gerais on the afternoon of Monday.
According to the court, the reasons for rejecting the application were the lack of documents for the record (criminal and civil certificates, and proof of education) and ineligibility imposed in 2009.
The TRE considered Pereira as ineligible for three years for committing abuse of power in 2008, when he tried to re-election to mayor of the city of Montes Claros (Minas Gerais). According to the decision of the season, the candidate also made improper use of the media.
The suit challenging the candidature was proposed by the prosecutor's Electoral state of Minas Gerais and the candidate for state representative Luiz Tadeu Martins Leite (PMDB party), son of the current mayor of the city of Montes Claros, Luiz Tadeu Leite, who defeated Pereira in 2008.
APPEALS
Renato Galuppo, Attorney PPS party in Minas Gerais, said the party will appeal. For him, the Law of Clean Record is unconstitutional to deny the principle that a defendant may be convicted when there is no more recourse. As Pereira was convicted by the TRE and later by the Supreme Electoral Tribunal, but have not had the appeal dismissed by the Supreme Court (the highest court in Brazil) could not have contested the nomination, the lawyer said.
Athos Avelino has three days to appeal the decision.
NOTE: The Law of Clean Sheet is a law recently approved in Brazil against political corruption. It prevents candidates who are being accused in court apply for public office.
Read also:
Another victory against corruption in Brazil
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