TRE concludes trial next week that could confirm impeachment of deputies Kaká Barbosa and Sonize Barbosa – News of Brazil

Paulo Silva
Politics Editor

The Regional Electoral Court of Amapá (TRE-AP) concludes on Tuesday (7) the trial of the electoral judicial investigation action (Aije) against state deputy Kaká Barbosa and federal deputy Sonize Barbosa, both from the Liberal Party (PL) . The Court has already formed a majority (6×0) for the revocation of the couple’s mandate (Kaká and Sonize are husband and wife), with only the vote of judge João Lages, who requested a review in last week’s session, missing.

In addition to the revocation of their mandate due to the practice of irregular transportation of voters, the TRE is making Kaká Barbosa and Sonize Barbosa ineligible for eight years, starting from the 2022 election, and imposing an individual fine of R$10,000. The rapporteur of the action is judge Carmo Antônio de Souza, who already had his vote for revocation accompanied by judges Anselmo Gonçalves, Normandes Souza, Thina Sousa, Paola Santos and Orlando Vasconcelos.

Loss of chairs

A lawyer from the Federal District (DF), interviewed by News of Brazil with the commitment not to have his name revealed, said that the confirmation of the impeachment of Kaká Barbosa and Sonize Barbosa could cause a real ‘tsunami’ in the Liberal Party, both on the bench federal and in the Legislative Assembly of Amapá (Alap).

According to him, the mini-electoral reform for the 2022 election established a new rule for obtaining vacancies for proportional positions. According to the new criteria, to compete for federal and state deputy positions, the party or federation would have to obtain the electoral quotient or at least 80% of the electoral quotient.

In Amapá, the numbers were as follows, according to the TSE (Superior Electoral Court) totalization report:

Position: Federal Deputy

Electoral quotient: 52,877

80% of the Electoral Quotient: 42,301

In the state of Amapá, only three parties won seats for the position of federal deputy:

PDT 64,888

PL 48,841

MDB 45,697

With the impeachment of parliamentarian Sonize Barbosa, who nominally obtained 9,200 votes, the question that arises is: will this nominal vote be considered null?

This doubt, says the lawyer heard by Diário, was submitted to the Superior Electoral Court by the PSL.

The TSE jurisprudence is that “the effect of the decision of origin is the annulment of the votes given to the revoked candidate” (TSE, AgRMS 3.649, rapporteur minister César Peluso).

If this understanding prevails, without Sonize Barbosa’s nominal votes, the PL would have 39,641, without reaching the minimum level of 80% of the electoral quotient.

In this way, the three vacancies currently occupied by the PL (Vinicius Gurgel, Sonize Barbosa and Silvia Nobre Lopes) would go to candidates Evandro Costa Milhomem (PDT, 6,570 votes); Albanize Colares Caldas (PDT, 5,006 votes) and José Mauro Secco (MDB, 3,878 votes).

At the state level, the loss would be smaller: Kaká Barbosa (PL) would leave and Arnobio Flexa, from Podemos, would enter, who would inherit the vacancy due to the best average left over, after Kaká Barbosa was excluded from the roll call vote.

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