Approved by the SP Chamber, unlimited re-election for president has already been blocked by the STF – 11/03/2023 – Panel

Approved by the São Paulo City Council, unlimited re-election for the presidency and other positions of the Board of Directors has already been considered unconstitutional by the Federal Supreme Court in judgments on legislative assemblies.

In the capital of São Paulo, the approval of the change in the municipal Organic Law paved the way for the president of the House, Milton Leite (União Brasil), to run for his fourth consecutive term. The São Paulo Chamber’s communications department states that it is “fully convinced of the legality of the decision taken by the Plenary”.

In 2021, after declaring unconstitutional provisions of five assemblies that allowed unlimited re-elections of state deputies for positions on the Boards of Directors, the STF plenary established a thesis on the topic.

“The reelection in unlimited numbers, for consecutive terms, of members of the Board of Directors of the State Legislative Assemblies for the same positions they occupy is unconstitutional, with a single reappointment being permitted”, says the text.

It is unlikely, however, that any group of councilors will present action to discuss the applicability of the STF’s thesis to the municipal case. The measure that favors the current president of the House was approved with votes from 45 of the 55 councilors, including seven of the eight PT members (Jair Tatto did not vote).

The opposition votes all came from PSOL, which is still evaluating whether it will take any legal action. In a statement, the party’s bench states that it voted against the change because it considers “fundamental the democratization of the Chamber” and “to guarantee greater alternation of power, not less, in the House.”

In a note, the City Council states that, “unlike other Legislatures, where the mandate of Board members is biannual, in the São Paulo Chamber the mandate remains annual, that is, with the obligation to be elected every year for management positions of the São Paulo Legislature”.

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