Proven: It is true that people were pretending to be professionals from research institutes to ask for votes for reelection candidate Jair Bolsonaro (PL), in Alagoas. As shown in a video circulating on social media, the alleged researchers carried campaign pamphlets of the president and spoke against candidate Luiz Inácio Lula da Silva (PT). The case was reported to the Regional Electoral Court of Alagoas (TRE-AL) and the councilor of Maceió Leonardo Dias (PL) was accused of sponsoring the action, based on posts in which the parliamentarian appears alongside the false team of researchers, guiding them and affirming that it was a campaign to turn a vote. For the lawyer consulted by Comprova, the situation configures an electoral campaign disguised as a poll, which violates the rules of the Electoral Code.
Investigated Content: Video 45 seconds shows two women and a man dressed in white, with badges with the inscription “researcher” and clipboards in hand, supposedly carrying out an electoral poll in Satuba, in the metropolitan region of Maceió, in Alagoas. The women carry campaign pamphlets by President Jair Bolsonaro (PL) with the phrase “Do you know who else did for Alagoas? Bolsonaro” and a photo of the reelection candidate. The author of the recording then says: “Research distributing Bolsonaro’s posters. This is the research they want to publicize.” Then the “researchers” wave at the camera and answer “22”, making the number 2 with their fingers. The video was shared with the following caption: “A group of women… calling themselves interviewers for a research institute, walk through the doors and start the questionnaire. At the house where Lula or none answer the question about voting intentions, they stop, deliver this material containing fake news and try to turn the vote. By the standard, it appears to be something broad, occurring in other municipalities in the state and, probably, in other states in the Northeast”.
where it was published: Twitter.
Completion of Proof: It is true that people were posing as researchers to do political propaganda for candidate Jair Bolsonaro. The video was recorded in the state of Alagoas. In addition to the video in question, there is another recording that shows the group’s performance. In the record, the same woman who appears in the content verified here claims that she is doing research, speaks against the PT and Lula and defends Bolsonaro. She says that the purpose of the research is to make the population aware and show who is who in the “fight of good against evil”. It was not possible to identify those responsible for the recordings.
The situation was denounced by the Brasil da Esperança party federation – formed by the PT, PV and PCdoB – at the Regional Electoral Court (TRE) of Alagoas. The crime news points the state president of the PL in Alagoas and councilor of Maceió, Leonardo Dias, as responsible for sponsoring the false research. This is because, on social networks, the parliamentarian even made posts in which he appears alongside the fake team of researchers, guiding them and stating that it was a campaign to turn a vote.
Sought by Comprova, Dias stated that the action was not a survey of intention to vote for the purpose of dissemination, but an electoral campaign procedure with the character of an opinion poll to “seek to influence the voter in their reflection on their free will”. manifestation of popular sovereignty on election day. For the electoral lawyer consulted by Comprova, Gustavo Ferreira, the campaign disrespected the electoral legislation by trying to “artifically create mental, emotional or passionate states” in voters.
Proven, for Comprova, is the true fact; confirmed event; proven location; or original content published without editing.
Scope of publication: Comprova investigates suspicious content with the greatest reach on social networks. As of October 19, the video had 496,400 views, 23,800 likes and 7,100 shares on Twitter. Other videos of the situation were “forwarded frequently” by WhatsApp.
What does the publisher say?: The Democratic Resistance profile on Twitter does not allow sending messages. Comprova then searched for the account name on other social networks, but found no match.
How do we check: As in the verified video, the author says that he will send the recording to all the inhabitants of Satuba, referring to the residents of the municipality of Satuba, the first step was to search Google for the keywords “researchers”, “pamphlet”, “Bolsonaro” and “Alagoas”. The search returned reports from the Forum Magazineof Alagoas newspaper and two from the website Já é Notícia.
One of the articles brings the context of the video, while the other talks about a complaint formalized by the Brasil da Esperança federation with TRE-AL accusing the councilor of Maceió Leonardo Dias of sponsoring false electoral polls in Alagoas. According to the website, the alleged researchers would be approaching voters and trying to convince them to vote for Bolsonaro.
After reading the complaint, Comprova analyzed posts on social media by Leonardo Dias about the alleged teams of researchers and compared the people who appeared in the photos with those filmed in the investigated video.
Finally, Comprova contacted TRE-AL, the Electoral Public Ministry, the PT of Alagoas, councilor Leonardo Dias and the lawyer specializing in electoral law and professor at the Faculty of Maceió (FAMA). Gustavo Ferreira.
How did the group of “researchers” act
People with clipboards, dressed in white shirts and with a badge written “researcher” approach residents of municipalities in Alagoas, claiming to be conducting research. In one of the videos, after hearing the answer that the voter would annul the vote, the interviewer tries to convince him to vote for Bolsonaro.
In another record, when researchers are asked why they have Bolsonaro propaganda pamphlets, group members laugh and wave at the camera, saying “22” and making the number 2 with their fingers.
Situation was reported to TRE-AL
The Brasil da Esperança party federation formalized a complaint about the actions of false researchers. The crime news sent to the Electoral Court states that there are records of the action in the municipalities of Maceió, Satuba and Cajueiro. The complaint accuses councilor Leonardo Dias of sponsoring false electoral polls in Alagoas. According to the federation, the complaints against the councilor were motivated by the parliamentarian’s own posts, in which he appears together with the “false team of researchers”, guiding them and stating that they were turning into a vote. Also according to the document, the graphic materials would have been hired by the councilor’s former parliamentary secretary.
According to the authors of the process, the TRE-AL has already determined that the records should be sent to the Regional Electoral Attorney’s Office (Public Electoral Ministry) so that measures can be taken. Sought by Comprova, the Electoral Public Prosecutor’s Office reported that it has not yet received the complaint, but that “as soon as the complaint reaches the competent electoral promoter, all appropriate measures will be taken.” The organ also highlighted that, as it is a crime news, the responsibility to evaluate is the responsibility of the electoral promoter and not the TRE. “In this case, the alleged fraud in relation to the surveys would not be related to the exercise of any elective office. It would be a common crime, practiced without the prerogative of the function”, he said in a note.
The organ also highlighted that “because it is a crime news, the attribution is of the electoral promoter, within the electoral zone, because of the absence of forum in the TRE. The Regional Electoral Attorney in Alagoas adopts the understanding established by the STF in the judgment of the Question of Order in Criminal Action 937/RJ, that there is only jurisdiction if the crime is committed in the exercise of the function and because of it. In other words, the Public Prosecutor’s Office initially understood that it would be the practice of a crime, so the responsibility to evaluate rests with the Electoral Prosecutor and not with the TRE.
Supposed researchers appear in a post by Leonardo Dias
In October, councilor Leonardo Dias published photos on instagram with teams that carried the same materials as the researchers in the video: badges and clipboards.
In another post, you can see the two women and the man that appear in the verified video. The councilman’s post caption reads: “Another class in search of FREEDOM! Simbora become a vote” (sic).
One of the women who appears in a blue shirt in the photo by Leonardo Dias is wearing the same pants in the verified video:
The two women also appear in another Publication of the councilor, backwards. The post, dated October 10, is captioned: “Vote to vote, door to door! Let’s win by taking the Truth to the people!”.
Election campaign
Sought by Comprova, Leonardo Dias sent an opinion signed by lawyer Adriano Soares da Costa, who states that the work carried out by the councilor is “an electoral campaign procedure”, with the character of an opinion poll to “seek to influence the voter in their reflection on their free manifestation of popular sovereignty on election day”, and not “a poll of intent to vote for the purpose of dissemination” so it does not need to follow the electoral legislation procedures in articles 33 to 35 of the Law of Elections. According to the opinion, the procedure should only observe the rules regarding campaign expenses and that once these measures have been taken, “the entire procedure will be in accordance with electoral legislation, being lawful and sound.”
On the subject, Comprova consulted an expert in electoral law, lawyer and professor Gustavo Ferreira. According to the lawyer, the electoral campaign disguised as a poll disrespects article 242 of the Electoral Code which defines that advertising, whatever its form or modality, must always mention the party legend, “and must not use advertising means intended to artificially create, in public opinion, mental, emotional or passionate states”.
“The attempt to convert voters through artifices can induce them to situations of stress and revolt. There needs to be transparency that this is a campaign. Now it is up to the MP to assess whether it would be an advertisement that disrespected the aforementioned article. As an irregular research, it can escape sanction because it did not disclose the result of the research, since the penalty is for the disclosure of research done outside the molds foreseen in the legislation”, explains the lawyer.
why do we investigate: Comprova investigates suspicious content that went viral on social media about the pandemic, public policies of the federal government and the presidential elections. A few days before the second round of the elections, content of disinformation about the polls is frequent. Publications such as this one can influence the decision of Brazilian voters, who must choose their candidates based on true and reliable information.
Other checks on the topic: In recent verifications involving electoral polls, Comprova classified as false three contents that showed Jair Bolsonaro ahead of consultations carried out by IPEC in october 5th, September 12th and August 15th.
Investigated by: SBT, Plural Curitiba and Projeto Comprova; Verified by: Rádio Band News FM, A Gazeta, Folha de S.Paulo, Estado de S.Paulo, Metropolis and Correio
Source: CNN Brasil
