STF has three votes to give Deltan Dallagnol’s mandate to alternate

stf

Voting ends at 23:59 this Friday

Brasilia DF) – Minister Dias Toffoli, of the Federal Supreme Court (STF), confirmed the position he had already presented in an individual decision and voted early this Friday (9) to allocate the mandate of the impeached deputy Deltan Dallagnol (Podemos-PR) to his deputy, economist Luiz Carlos Hauly. He was joined by Alexandre de Moraes and Gilmar Mendes.

The fate of the vacancy of the former prosecutor of Operation Lava Jato is being decided in an extraordinary session in the virtual plenary of the STF. Voting ends at 11:59 pm this Friday.

The position of Toffoli and Moraes goes against what had been decided by the Regional Electoral Court of Paraná (TRE-PR), which after a recount of the votes announced pastor Itamar Paim (PL) as a substitute.

Dallagnol was the most voted deputy in Paraná. When canceling the mandate of the former prosecutor, the Superior Electoral Court (TSE) expressly determined that the votes should be counted in favor of Podemos.

The TRE concluded, however, that no other party candidate exceeded the so-called performance clause – a minimum of 10% of the electoral quotient in the respective state.

For Toffoli, the rule does not apply to define substitutes. “There is no need to require a roll call vote,” she said.

Along the same lines, Moraes highlighted the leading role of political parties in the proportional voting system. “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”, he wrote.

Luiz Carlos Hauly was a federal deputy for seven terms, between 1991 and 2019. He is an economist and was one of the main supporters of tax reform. He was also Secretary of Finance in Paraná, as well as councilor and mayor of Cambé, about 400 kilometers from Curitiba.

*With information from IstoÉ

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