A draft decree found in the former Brazilian Minister of Justice of ex-president Jair Bolsonaro provided for emergency measures which could have allowed the cancellation of the result of the election won by Lula.
According to the daily Folha de S. Paulo, this very compromising document was found during searches by the Federal Police at the home of Anderson Torres, who is the subject of an arrest warrant from a Supreme Court judge. for alleged "
collusion
" in the Bolsonarists' assault on places of power in Brasilia on Sunday.
An unconstitutional measure
The three-page text, the content of which was published by the newspaper on Friday, provides for the federal government to take control of the Superior Electoral Tribunal (TSE), which oversees the smooth running of the ballot, "
to ensure the preservation and restoration transparency, and approve the regularity of the electoral process for the presidential election of 2022
".
A measure considered unconstitutional by many jurists.
In practice, this means that the intention would have been to annul Lula's election.
According to La Folha de S. Paulo, which revealed the scandal, this draft could be the first irrefutable piece of evidence that Jair Bolsonaro's entourage was preparing a coup in the event of defeat.
The presidential decree - which never saw the light of day - provided for the creation of an "
electoral regulation commission
" to replace the TSE, headed by a majority of members from the Ministry of Defense (8 out of 17).
The document is not dated, but the name of Jair Bolsonaro is at the end, on a space provided for his signature.
Federal police told AFP they could not comment on an ongoing investigation.
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Anderson Torres, who is in the United States, said Thursday evening on Twitter that this draft was "
probably in a pile of documents supposed to be destroyed in due course
" and that its contents have been leaked and are "
out of context.
".
He was already on American soil when several thousand Bolsonarists invaded and ransacked the Presidential Palace, Congress and the Supreme Court in the Brazilian capital on Sunday.
The former minister had held the position of head of security for the Federal District of Brasilia since January 2, but had gone on vacation shortly after.
Anderson Torres has continued to proclaim his innocence and has promised to return to Brazil to surrender to the authorities, without giving a specific date.
Lula's Justice Minister Flavio Dino said on Friday he would seek his extradition if he did not report to Brazilian authorities by Monday.