Fachin diverges and votes to keep the PL’s substitute in Dallagnol’s vacancy

The Minister of the Federal Supreme Court (STF) Edson Fachin considered the decision of the Regional Electoral Court of Paraná (TRE-PR) correct by appointing Pastor Itamar Paim (PL-PR) as an alternate for Deltan Dallagnol (Podemos-PR) after the recount of votes. The minister was the first to disagree with the rapporteur, Minister Dias Toffoli, who responded to the appeal of Podemos and determined that Luiz Carlos Hauly (Podemos-PR) be Dallagnol’s alternate.

The Court analyzes Toffoli’s monocratic decision in the virtual plenary this Friday (9) until 23:59. So far, ministers Alexandre de Moraes, Gilmar Mendes and André Mendonça have voted with Toffoli. Dallagnol had his mandate revoked, unanimously, by the Superior Electoral Court. This week, the Board of Directors of the Chamber of Deputies confirmed the decision of the TSE and Toffoli denied an appeal by Dallagnol’s defense.

“Even if the party has reached the party quotient (art. 107 of the Electoral Code), as, in the present case, it actually achieved, there is still no guarantee of the seat, because only “they will be elected” among the candidates registered by a party that have obtained the roll call vote”, pointed out Fachin.

“In practice, the validity of the votes of candidates whose registration was rejected must be treated as if they were a party vote: it helps the party to obtain the party quotient, but does not exempt candidates from obtaining a nominal vote corresponding to 10% of the electoral quotient ”, added the minister.