STF forms a majority for a Podemos deputy to take over Deltan’s vacancy in the Chamber – 06/09/2023 – Power

The STF (Supreme Federal Court) formed a majority, this Thursday (9), to determine the diplomacy of Luiz Carlos Hauly for the vacancy that belonged to the expelled deputy Deltan Dallagnol. Both are members of Podemos in Paraná.

Until 10 pm, five ministers followed the understanding of the rapporteur, Dias Toffoli, that the votes of the former coordinator of the Lava Jato task force should go to the party, authorizing Hauly to take office. The parliamentarian is a veteran in the house, having already been a deputy for seven terms.

Last Wednesday (7), Toffoli responded to a request from Podemos and, with that, reversed the decision of the TRE (Regional Electoral Court) of Paraná that had allocated the Deltan vacancy to Itamar Paim, a pastor from Paranaguá affiliated with the PL.

The PL is the party of former president Jair Bolsonaro (PL).

The cassation action stems from the representation of the Brazilian Federation of Hope (PT, PC do B and PV) and the PMN, who claimed that Deltan could not have left his career as a public prosecutor to enter politics because he responded to disciplinary complaints, investigation and requests for action from the CNMP —which oversees the functional duties of members of the Public Prosecutor’s Office.

Opponents of the former Lava Jato prosecutor stated that the case fits one of the ineligibility predictions defined with the 2010 edition of the Clean Record Law.

The PL argued that Deltan’s vacancy should go to Paim because Hauly did not reach the minimum electoral quotient. The election was confirmed by the Electoral Justice of Paraná.

Hauly received 11,925 votes in last year’s election. Itamar Paim got 47,052 votes.

Toffoli understood differently. The STF minister pointed out that the TSE, by canceling Deltan, authorized the “preservation of his votes for the party” — in this case, Podemos.

For him, Deltan’s impeachment after the election cannot be a reason to disregard the party’s votes.

Minister Alexandre de Moraes followed Toffoli’s understanding. “The vacancy won by the association must be filled by the most voted alternate under the same caption, regardless of the minimum nominal vote, in this case, Luiz Carlos Jorge Hauly”, wrote the magistrate.

Ministers Gilmar Mendes, Luís Roberto Barroso, Alexandre de Moraes, André Mendonça and Cármen Lúcia also followed Toffoli’s vote.

Minister Edson Fachin disagreed. He argued that even in the event of post-election impeachment, the minimum vote required of candidates must be respected.

Fachin highlighted that the Regional Electoral Court of Paraná verified after Deltan’s impeachment that in Podemos “there was no candidate who had reached the nominal vote”.

“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 “, Fachin argued.

The ministers Luiz Fux and the president of the court, Rosa Weber, voted together with Fachin. Kassio Nunes Marques hadn’t voted yet.

The Board of Directors of the Chamber declared on Tuesday afternoon (6) the loss of Deltan’s mandate.

It is only up to the Board to make the official declaration, in compliance with the decision of the TSE (Superior Electoral Court). On the last 16th, the electoral court unanimously revoked the registration of the candidacy and, consequently, the mandate of deputy. For Deltan, the Chamber bowed before an “unfair decision”.

Deltan presented his defense to the Internal Affairs of the Chamber on the 30th, to try to reverse the impeachment.

One of the main arguments put forward by the defense is that 12 of the 15 proceedings pending against him at the CNMP (National Council of the Public Ministry) at the time of his dismissal were based on “illicit evidence”.

The Board of Directors of the Chamber, however, understood that it was not up to it to analyze the TSE’s decision, only to declare its compliance.

Deltan reacted to the confirmation of the impeachment. “Today the Board of the Chamber of Deputies decided to bow before an unfair decision by the TSE. Once again, the Legislative Branch decided to bow to the creation of the law by the Judiciary. Today the House of the People bowed against the will of the people” , he told reporters on Tuesday.

On the same day, the president of Podemos, Renata Abreu (SP), told the press that she received the news of the confirmation of the impeachment with “great sadness”. “But the decision was made and now it’s time to move on.”

Such as Sheet showed, Podemos has now invited the impeached federal deputy to exercise a paid role in the party, coordinating the training of new political leaders.

According to the caption, the salary amount will only be discussed after the former parliamentarian decides whether to accept the job proposal.