STF postpones the start of the ADI judgment that may cause a change in the composition of the Amapá bench in the Chamber of Deputies – News of Brazil
[ad_1]
Paulo Silva
Policy Editor
The Federal Supreme Court (STF) postponed the trial of the Direct Action of Unconstitutionality (ADI 7263) to the period from March 17 to 24, virtually, which can change the composition of the Amapá bench in the Chamber of Deputies. Initially, the trial would begin this Friday (10th) and go until the 17th. This is the action of the parties PSB and Podemos that ask the Supreme Court to grant a precautionary measure to allow, in the third phase of distribution of vacancies from electoral surpluses , all parties that participated in the elections are included, regardless of the electoral quotient achieved. The rapporteur is Minister Ricardo Lewandowski.
According to the authors of the ADI, the change requires that the party, in order to be entitled to participate in the distribution of the remaining seats destined for the position of federal deputy, reach at least 80% of the electoral quotient, with a candidate who has at least 20 % of roll call vote. If the two requirements are not fulfilled cumulatively, the remaining seats will be distributed to the parties that present the highest averages, without any restriction.
The parties allege an error in the method of calculation adopted by the Electoral Court and maintain that this could lead to distortions in the proportional system, such as, for example, a party taking all the seats in the Chamber, if it is the only one to reach the electoral quotient. When presenting total numbers on voting for federal deputy in last year’s elections, they point out that only 28 of the 513 deputies were elected with their own votes or reached the electoral quotient. The remaining 485 benefited from the votes of the leaders of their parties or their federations.
Among other arguments, Podemos and PSB say that the measure violates constitutional principles such as political pluralism, the democratic rule of law, equal opportunities, popular sovereignty and the proportional system. In his view, the TSE Resolution should not be valid for the 2022 election, as it was edited less than a year before the elections
Last month, the Attorney General of the Republic, Augusto Aras, issued an opinion on the partial merits of the direct action of unconstitutionality with a request for a precautionary measure, proposed by the two political parties (Podemos and PSB) regarding the retargeting of votes according to the cutoff criterion of the 20% of the quotient.
Augusto Aras opines favorably just to give an interpretation according to the Constitution to item III and paragraph 2 of article 109 of the Electoral Code, so that, once the political parties and party federations with 80% of the electoral quotient and candidates with nominal votes are exhausted of 20% of that quotient, the eventually vacant seats are distributed to all parties and federations, according to the highest averages, waiving both the requirement of the minimum individual vote and the requirement of reaching 80% of the electoral quotient.
For Aras, the requirement that political parties and party federations reach 80% of the electoral quotient and candidate with nominal vote of 20% of this quotient, to participate in the distribution of remaining seats, should not be applied in the third stage of distribution of seats in the legislative house (“surplus of the surplus”), under penalty of interdicting the access, in an already significantly reduced space, of the small captions in the proportional system, in affront to the multi-party system and to the principle of equality of chances.
The PRG told the Supreme Court that it was not in favor of overturning the law, but asks that, in order to define the “leftovers of the leftovers”, parties and candidates do not need to reach the minimum percentages. According to him, these vacancies must be distributed to all parties and federations, according to the highest voting averages, “under penalty of interdicting the access, in an already significantly reduced space, of the small parties in the proportional system, in affront to the multi-party system and to the principle of equal chances”.
endangered stands
According to the Brazilian Academy of Electoral and Political Law (Abradep), half of the bench elected by Amapá may change if the STF judges the action valid, with an impact also on the benches of the states of Tocantins and Rondônia, in addition to the Federal District.
Leave your comment
Advertising
[ad_2]
Source link
