Councilors can change parties from March without the threat of losing their mandate – News of Brazil
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Party window is the 30-day period in which holders of elected positions, obtained in proportional elections, can change parties without losing their mandate. This possibility is provided for in article 22-A of the Political Parties Law and is considered a just cause for party disaffiliation, if done within this permitted period.
This year, the party change can take place from March 7th to April 5th, the end date of the membership period required by law for those who intend to run in the 2024 elections. The party window is opened in any election year, six months before the voting. This year, the first round of the election takes place on October 6th.
The rule is only valid for candidates elected in proportional elections and who are at the end of their term. In other words, the window only benefits people elected as deputy and deputy (district, state and federal) or councilor and councilor.
As in 2024 only councilor mandates are about to end, the rule only applies to those who currently occupy this role.
In practice, this means that, this year, councilors elected in 2020 will have one month to change parties and run for re-election or for mayor of municipalities without running the risk of losing their position.
Deputies and deputies who were elected in 2022, for example, will only be able to take advantage of the rule in 2026, the year in which the next general election will take place.
Why did the window appear?
The measure was consolidated as a way out for changing parties following a decision by the Superior Electoral Court (TSE), later confirmed by the Federal Supreme Court (STF), which established party loyalty for positions obtained in proportional elections. The determination, regulated by a TSE resolution, establishes that, in these elections, the mandate belongs to the party and not to the elected candidate.
In addition to the party window, there are some situations that allow party changes based on just cause. They are: deviation from the party program or serious personal discrimination. Therefore, party changes that do not fit these reasons may lead to loss of mandate.
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