It is false that Lula cannot graduate; petista had convictions annulled

False: It is false that the president-elect Luiz Inácio Lula da Silva (PT) cannot be graduated because he was prosecuted and arrested in 2018. Currently, there are no more convictions against him, since the Federal Supreme Court (STF) annulled them in 2021 In addition, the analysis of criminal certificates is carried out at the time of candidacy registration, not at graduation. Lula had his candidacy deferred by the Superior Electoral Court (TSE) in September 2022.

investigated content🇧🇷 Video published in Kwai states that the president-elect Luiz Inácio Lula da Silva (PT) is a dirty record and cannot be graduated on December 19, 2022 at the request of the “lawyers of the Law of the Order of Brazil”, to whom the author also refers. referred to as the “Order of Lawyers” and “lawyers of the Order of Law of Brazil”. Still according to the false publication, the request takes into account the fact that Lula has proceedings in progress, in process, on trial or already judged.

where it was published: Kwai.

Conclusion of Comprova: It is a false post that states that the president-elect Luiz Inácio Lula da Silva (PT) cannot be graduated because he has a dirty record. The publication misinforms by saying that “lawyers of the Law of the Order of Brazil” would have filed a challenge against the PT. Such a request does not exist. The content also states that Geraldo Alckmin (PSB) could not assume the vice-presidency, which is a lie.

As already shown by section Check Explain, Lula was convicted in April 2018 and, that year, he could not run for the presidential election, but there are no more convictions against him, since, in 2021, the Federal Supreme Court (STF) annulled the PT’s convictions. So much so that he ran for office now in 2022 and won the dispute against Jair Bolsonaro (PL).

His candidacy, with Alckmin as deputy, was made official by the PT on July 21 and, on September 8, unanimously approved by the Superior Electoral Court (TSE). In this ocasion, Minister Carlos Horbach said that the two met the eligibility conditions required by the Federal Constitution and by the electoral law, with no legal cause preventing them from running as candidates. They will graduate on December 19th.

As the institutions cited by the author of the video (Brazilian Law of the Order and Brazilian Law) do not exist, Comprova contacted the Brazilian Bar Association (OAB), which did not respond to the contact for clarification.

Another lie contained in the video is that Jair Bolsonaro (PL) would assume the presidency if Lula could not do so. According to the Constitution, if the president is unable to take office, the presidency would be occupied, in this order of priority, by: vice president, president of the Chamber of Deputies, of the Federal Senate and of the Federal Supreme Court.

Falsefor Comprova, is content that was invented or that has been edited to change its original meaning and deliberately disseminated to spread falsehood.

publication reach: Comprova investigates suspicious content with greater reach on social networks. Until November 25th, the video had 19.6 thousand views, 1.1 thousand likes, 184 comments and 342 shares.

What the person responsible for the publication says: Comprova contacted the profile “só.a.verdade.updatada” by message on Kwai, but did not receive a response until the conclusion of this verification. The profile is managed by a businessman from Passo Fundo, in Rio Grande do Sul, who, in general, publishes content in support of President Bolsonaro and criticism of PT and President-elect Lula. We also messaged the Instagram account of the man who manages Kwai’s profile.

How do we check: The first step was to transcribe what the author says in the video. Then we googled about the Clean Record Lawsanctioned by Lula and cited in the disinformation piece, and the process of graduation candidates, carried out by the Federal Court.

After that, when searching for the keywords “Lula + diplomação”, we found a similar content check carried out by AFP🇧🇷

Finally, we contacted the OAB press office and the person responsible for publishing the video on Kwai. There was no return.

Lula can be graduated and ceremony takes place on December 19

In the investigated video, the author states that “the lawyers of the Law of the Order of Brazil”, which he also calls the “order of lawyers” and “lawyers of the Order of Law of Brazil” would have filed a lawsuit saying that Lula could not be graduated for having “processes in progress, in process, in trial and already judged”, which he classifies as a “dirty record”.

Despite Lula having faced a series of lawsuits resulting from Operation Lava Jato, today all are closed or suspended. As shown the provesthe president-elect had the convictions annulled in April 2021 when the STF understood that the petista did not have his rights respected and that the processes could not have been processed in the Justice of Curitiba. Thus, Lula’s political rights were restored.

The process of graduationdescribed in Article 215 of the Electoral Code, is the act by which the Electoral Justice attests that the candidate was effectively elected by the people and, therefore, is able to take office. At the ceremony, however, there is no analysis of criminal certificates. This is done when applying for candidacy registration, a previous process that Lula went through. THE Lula and Alckmin’s ticket was approved by the TSE, unanimously, on September 8, 2022.

At the time, the rapporteur of the process, Minister Carlos Horbach, informed that both fulfill the eligibility conditions required by the Federal Constitution and by the electoral law, with no legal reason to prevent them from running as candidates.

The diplomacy of Lula and Alckmin will take place in December 19th🇧🇷

Bolsonaro would not replace Lula in case of impeachment of the PT

The author of the video also states that, as Lula and his deputy, Geraldo Alckmin, could not assume the presidency, they would be replaced by the second most voted candidate in the elections, Jair Bolsonaro.

The claim, however, is false. According to Articles 79 and 80 of the Constitutionthe order of succession in case of impediment would be as follows: the president would be succeeded by the vice-president, and in case of impossibility, the president of the Chamber of Deputies, of the Federal Senate and of the Federal Court of Justice.

dirty record

When he mentions that Lula “has a dirty record”, the creator of the post verified here refers to Clean Record Law, approved by Congress and sanctioned by the PT member himself, then president, in June 2010. A “dirty record”, according to the law, is the politician who cannot run for office because, among other reasons, he was convicted by a collegiate of Justice, that is, by more than one judge, because he was impeached or resigned to avoid impeachment. Lula does not fit the legal provision, as his convictions were annulled or suspended by the STF.

Also according to the law, politicians convicted of electoral crimes, such as fraud and buying votes, and other crimes, such as money laundering, are ineligible for eight years from the date of punishment.

why do we investigate: Comprova investigates suspicious content that goes viral on social networks about the pandemic, public policies of the federal government and pieces that question the result of the presidential elections. Publications like this one are harmful to democracy because they try to discredit the Brazilian electoral system and not recognize Lula’s victory.

Other checks on the topic: When investigating content similar to that verified by Comprova, the AFP We checked concluded that, as Lula had his candidacy approved by the TSE, there is no impediment to his diplomation.

In recent verifications involving the elected president and the result of the election, Comprova showed that Court certificate published on Twitter does not attest Lula’s ineligibilitythat Holland recognized Lula’s victory, contrary to what the post says is that Lula did not spend 9,400 euros on a Portuguese restaurant🇧🇷 He also explained that the election result is not under analysis by the Justice after Armed Forces report🇧🇷

Investigated by: Folha, Plural Curitiba and Imirante.com; Verified by: Gaúcha ZH, Metrópoles, O Dia, AFP, Estado de Minas, A Gazeta and Uol