Decision keeps Peixoto in office until analysis of appeal against revocation

Cassation

The case’s rapporteur decided not to execute the decision until judgment by the Regional Court

Manaus (AM) – After the Regional Electoral Court of Amazonas (TRE-AM) requested the cancellation of the votes of councilor Antônio Peixoto (Agir), the politician filed an appeal and obtained an injunction that suspended the immediate effects involving the trial on Tuesday (12).

Peixoto’s party, the former Christian Labor Party (PTC), was convicted of fraud regarding the gender quota and annulled the votes received by the list of candidates for the Manaus City Council (CMM) in the 2020 election.

The councilor’s defense pointed out that the possible appeals in TRE-AM itself against the action filed had not been exhausted “and the eventual ruling could still be reformed by the Court itself, considering the plausibility of the motions for clarification to be handled”.

Judge Fabrício Frota Marques emphasized that appeals do not impede the immediate effectiveness of the decision, except by decision of the rapporteur “if the immediate production of its effects poses a risk of serious damage, difficult or impossible to repair, and the probability of granting the ruling is demonstrated. resource”.

The decision considered the danger of damage presented by Peixoto’s defense with the possible recalculation of the party and electoral quotients, which would imply not only the removal of the councilor but also “the assumption of another candidate who could even be from another party”. Still according to Marques, the act could result in an “undue alternation of power”, mainly due to the proximity of municipal elections and the end of the current legislature in the CMM.

Therefore, the execution of the decision that revoked Agir’s votes was suspended until the embargoes are judged by the Court.

To understand the case

In the 2020 elections, the Agir party, which at the time was called the Christian Labor Party (PTC), presented 18 women’s candidacies, fulfilling the 30% quota provided for by legislation.

One of them, Maria da Paz Gomes de Barros Santos, did not obtain any votes and also did not present campaign acts. She argued that she had to take care of a sick person and could not campaign, but she used the R$5,100 from the party’s quota, that is, public resources intended to finance the electoral campaign, to pay for a lawyer and to rent a vehicle.

The complaint argues that if she spent, but did not campaign, it was in favor of someone else, therefore she would just be an “orange candidate”, which is not allowed and whose penalty is the annulment of all the party’s votes.

Councilor Antônio Peixoto signaled on social media, in a note, his intention to appeal the decision, indicating that the case remains far from finding its definitive outcome.

“As a citizen, I reserve the right to follow the prerogatives of the Electoral Court and appeal this decision, with the confidence that we will fight for the reversal of the judgment. I remember that similar cases have already been judged, previously, in the first instance, where the Court concluded that there was no violation of the gender quota”,

he wrote.

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