STF judgment maintains the composition of the Amapá bench in the Federal Chamber – News of Brazil
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Douglas Lima
Editor
The Plenary of the Federal Supreme Court (STF), in judgment this Wednesday, 28, decided that the criteria for distributing electoral surpluses for filling vacancies not filled in the proportional system be applied from the next general elections, not retroacting the election 2022.
The decision maintains the composition of the Amapá bench in the Federal Chamber, proclaimed elected in the 2022 general elections, and then graduated and sworn in.
The STF’s plenary judgment was by majority, overturning rules approved by the National Congress that restricted the participation of all political parties in the dispute over the so-called electoral surpluses.
The ministers, however, decided that the change should not be retroactive to the 2022 elections, saving the mandate of seven deputies, four of them from Amapá: Professor Goreth, Augusto Pupio, Sonize Barbosa and Sílvia Waiãpi.
The ministers judged three actions against changes to the 2021 mini-electoral reform in the distribution of electoral surpluses – vacancies not filled according to the criteria of the proportional system during the dispute for the Chamber of Deputies.
The judgment was the result of an analysis by STF ministers on direct actions of unconstitutionality filed by party groups in favor of politicians who were well voted in 2022, but were not elected.
If the criteria arising from the National Congress had been retroactive, the substitutes Marcivânia Flexa and André Abdon would benefit, to the detriment of the current parliamentarians. Aline Gurgel and Paulo Lemos.
Interview
In the program ‘Meeting Point’ (Daily FM 90.9) This Wednesday, 28th, lawyer Helder Carneiro spoke about the decision of the STF ministers.
In general terms, the lawyer explained that the trial adopted the principle of annuality, in which changes to rules prevail, electorally, if decided one year before the election, which was not the case with the criteria drawn up by the National Congress.
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