Moraes mentions the date of February 30 in the decision – 05/04/2023 – Panel
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The president of the TSE (Superior Electoral Court), Alexandre de Moraes, mentioned a date that does not exist in a decision given on the last January 26th, in which he authorized a state deputy from Minas Gerais to take office even without having the minimum age to exercise the mandate in the beginning of the legislature.
The decision benefited deputy Chiara Biondini (PP), who only turned 21 on February 22, although her colleagues took office in the Legislative Assembly of Minas Gerais on the 1st of that month.
Biondini’s defense argument, accepted by Moraes, is that the Assembly allows extraordinary possessions up to one month after the official date, which made him mistakenly cite the deadline as “February 30”.
“In a preliminary decision, it is verified, therefore, that the defendant [Biondini] has, in theory, the prerogative to take office on 02/30/2023, so that, at the time of beginning the exercise of his elective mandate, he will have completed the minimum age of 21 years and, consequently, fulfilled the eligibility condition, the which must be assessed at the time of the parliamentary’s inauguration”, stated Moraes.
The order was given by the president of the TSE when rejecting an appeal presented by the alternate of the deputy, Heleno do Hospital (PP), who claimed that the inauguration was irregular.
This Tuesday (2), the plenary of the court confirmed Moraes’ decision, guaranteeing Biodini’s mandate.
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