Dudu Tavares says that the result of the 2022 elections confronts the Federal Constitution – News of Brazil
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Douglas Lima
Editor
The Macapá councilor, Eduardo Tavares (PDT), who is a lawyer specializing in electoral law, joins the group of Brazilians who condemn the reality of a candidate getting a significant number of votes, not being declared elected, while another, with a poor vote, has right to elected office.
Eduardo, also called Dudu Tavares, is one of the defenders of the questioning made to the STF for the change approved in the Electoral Code, by the National Congress in 2021, a measure that resulted in the results for many considered unfair in last year’s general elections.
In Amapá, for example, there was a candidate who reached up to 15 thousand votes, but who was not officially considered elected, with the vacancy that would have been his being occupied by another competitor who did not reach six thousand votes.
On the subject, the lawyer and councilor spoke this Saturday morning, 28, on the program ‘Togas and Gowns’ (Rádio Diário 90.9). On the occasion, he also identified himself as a member of the Brazilian Association of Electoral and Political Law (Abradep), an entity that raised three parties to make the questioning in the STF.
Eduardo Tavares explained that under current rules, for the party to get a seat in the Legislature it has to reach 80% of the electoral quotient, and that the candidate qualified to have the seat must have 20% of that amount.
The specialist said that the Electoral Code, with the rules existing therein, discredits the popular will, confronting the Brazilian Constitution, which says: “Power will be exercised by the people, directly”.
Dudu recalled that in the last ten years, Amapá never sent anyone with less than ten thousand votes to the Federal Chamber. “Now in 2022 there are people with five thousand going to Brasília”, he pointed out.
If the STF accepts the question, half of the elected federal bench from Amapá can change, leaving deputies considered elected today, and entering candidates with much better votes.
The lawyer and councilor said he understands that the change, if it comes, can only occur after the bench takes office, on February 1, because without the exercise of the warrant there is no alternate.
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