STF resumes trial that could annul the election of four federal deputies from Amapá – News of Brazil
[ad_1]
Paulo Silva
Politics Editor
The Chamber of Deputies asked the Federal Supreme Court (STF) to rule on the trial that will resume this Thursday (8) and could annul the election of seven federal deputies, two of whom are linked to former president Jair Bolsonaro.
The Chamber’s Advocacy said, in a document dated January 30th, that the object of the action is precisely to change the composition of the Chamber of Deputies, and added that “legal security recommends that this House be able to speak out during the in-person trial”.
Two of the three votes already given by the ministers are for changes, retroactively to the 2022 elections, in the distribution of the so-called electoral surpluses to the parties, without the requirement to reach the electoral quotient.
The Chamber said, through the House’s Advocacy, that “the current composition, resulting from the result proclaimed by the Superior Electoral Court, has been based on the functioning of the House and its bodies since the beginning of its legislature”.
If the changes are approved by the STF, the Chamber would undergo the following changes:
They would come out:
Professor Goreth (PDT-AP);
Silvia Waiãpi (PL-AP);
Sonize Barbosa (PL-AP);
Dr. Pupio (MDB-AP);
Gilvan Máximo (Republicanos-DF);
Lebrão (União Brasil-RO);
Lázaro Botelho (Progressistas-TO).
They would enter:
Professor Marcivânia (PCdoB-AP);
Paulo Lemos (PSol-AP);
André Abdon (Progressistas-AP);
Aline Gurgel (Republicanos-AP);
Rodrigo Rollemberg (PSB-DF);
Rafael Bento (Podemos-RO);
Tiago Dimas (Podemos-TO).
Understand
The STF Plenary resumes, this Thursday, the judgment of the actions that question the constitutionality of the requirement of performance of 80% of the electoral quotient (result of the number of valid votes divided by the number of available vacancies) for parties to compete for the remaining vacancies of deputy federal, state and district. Candidates must also individually achieve 20% of the quotient.
The case began to be judged in April 2023, but was suspended twice following requests for review from ministers Alexandre de Moraes and André Mendonça. So far, three magistrates have voted.
The rapporteur, former minister Ricardo Lewandowski, understood that the exclusion of parties in the distribution of electoral surpluses, through performance requirements, “is not compatible with the letter and spirit of the constitutional text, as all parties should participate in this phase. the associations that obtained votes in the election”.
Lewandowski, however, voted for the change in the law to come into effect from the 2024 elections, without affecting the result of the 2022 vote.
Ministers Alexandre de Moraes and Gilmar Mendes also voted against the current rule, but differed from the rapporteur only to apply the new distribution of electoral surpluses retroactively to the 2022 elections, which could annul the election of at least seven federal deputies.
In the understanding of Moraes and Gilmar, the current rule favors candidates who achieved fewer votes individually just because they are in a party that gathered more votes collectively.
The trial will resume this Thursday following a request from Minister André Mendonça, made in August last year.
Leave your comment
Advertising
[ad_2]
Source link
