Half of the federal bench elected by Amapá may change, says Brazilian Academy of Electoral and Political Law – News of Brazil
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Seven federal deputies who will take office on February 1 may lose their mandates because of two actions that are pending in the Federal Supreme Court (STF). Podemos, PSB and Rede Sustentabilidade question the constitutionality of the change approved by Congress in the Electoral Code in 2021, making the distribution of the so-called “leftovers”, vacancies remaining in proportional elections after the definition of the names and most voted parties, more rigid.
According to the Brazilian Academy of Electoral and Political Law (Abradep), half of the bench elected by Amapá may change if the Court judges the actions to be valid, with an impact also on the benches of Tocantins, Rondônia and the Federal District. At stake are the mandates of Sílvia Waiãpi and Sonize Barbosa (both from the PL), Professor Goreth (PDT) and Dr. Pupio (MDB) in Amapá, in addition to Lazaro Botelho (PP-TO), Lebrão (União Brasil-RO) and Gilvan Máximo (Republicanos-DF). As the disputed norm applies to all proportional elections, the composition of state legislatures defined last October may also change.
“This is a discriminatory attempt to depose an elected and qualified deputy”, complained Sílvia Waiãpi. The first of the actions, however, by the Network, was filed in August, before the elections. The second, by Podemos and PSB, is after the election of federal and state deputies, but does not mention anyone by name.
In the proportional system, those elected are chosen from the votes attributed not only to each candidate, but also to the parties. The definition of those elected takes place with the calculation, in that order, of the electoral quotient, the party quotient and the “leftovers” of this account, now the target of contestation in the STF. The electoral quotient is the division of the total valid votes by the number of seats in dispute (in the Chamber there are 513), disregarding fractions equal to or less than 0.5. The party quotient, on the other hand, is the division of valid votes attributed to the party and candidates of the same party by the result of the electoral quotient, ignoring fractions.
The law contested in the Supreme determines that only parties and candidates that have reached a minimum percentage of the electoral quotient can dispute the vacancies that remain because of these fractions and the complete calculation process, which also considers the barrier clause, valid since 2015. This clause determines that, to be elected, a candidate must obtain a minimum of 10% of the electoral quotient.
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