Minister Alexandre de Moraes asks for a review and the trial that could annul deputies’ mandates is suspended – News of Brazil
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By Paulo Silva
From the Policy Editor
The ministers of the Federal Supreme Court (STF) began judging this Friday (7) three actions on electoral “leftovers”. The result could result in the annulment of the mandate of seven federal deputies elected in 2022. With only the vote of the rapporteur Ricardo Lewandowski registered, the trial was suspended after the request for a view from Minister Alexandre de Moraes.
The breakdown of voting in the STF can have different scenarios. In the actions presented by Rede and Podemos with the PSB, it is estimated that seven deputies would have their mandates annulled, four of them from Amapá.
At the Supreme Court, requests for review have a period of 90 days to be analyzed. The “views” happen when a minister requests more time to analyze a case and, therefore, the trial is suspended.
The actions were presented by the parties Podemos, PSB, PP and Rede. The subtitles question the constitutionality of parts of the Electoral Code that change the rules for distributing electoral leftovers. The initial prediction was that the shares would be voted by April 17th.
Until 2022, all parties that participated in the elections were included in the distribution of electoral surplus seats. With the change made by the Superior Electoral Court (TSE), it is necessary for the party to reach at least 80% of the electoral quotient to compete for vacancies in the last phase of the distribution of leftovers.
The acronyms claim that the new mechanism affects pluralism and equality between parties. They also argue that such a tool can lead to distortion of the proportional voting system.
Rapporteur’s vote
Minister Ricardo Lewandowski, voted for the expansion of the participation of parties and candidates in the distribution of “leftovers”. The vote was recorded this Friday (7) in the virtual plenary of the Supreme Court.
According to Lewandowski, the recent change “is not compatible with the letter and spirit of the constitutional text, as all associations that obtained votes in the election should participate in this phase”.
For him, the rule violates the principle of the Democratic State of Law and political pluralism.
“The impracticability of political pluralism, as historical experience has shown, ends up causing the extinction of smaller parties or, at the same time, promotes a drastic reduction in their importance, allowing the larger parties, in general mass, to conquer the monopoly of political activity. policy, thus establishing an undesirable partitocracy”, he recorded in the vote.
“In effect, any and all norms that have the scope to restrict the plurality of political parties, limiting the election of their representatives, notably in the proportional system, violate the foundations of our Democratic State of Law”, he added.
The minister also voted for the changes made by the TSE to be applied in the 2024 elections. If the minister’s vote prevails, the parliamentarians elected in 2022 will not be affected.
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