TSE revokes mandate of São Paulo federal deputy due to party infidelity

The Superior Electoral Court (TSE) revoked this Tuesday (7) the mandate of federal deputy Marcelo Lima (PSB-SP) for party infidelity. The Electoral Court considered, by 5 votes to 2, that the parliamentarian left Solidarity without just cause, the acronym for which he was elected in 2022. The action against Lima was filed by the party. The rapporteur, Minister Ramos Tavares, ordered the immediate communication of the decision to the Chamber of Deputies, regardless of the publication of the ruling.

With the decision, the São Paulo Electoral Court will be notified to carry out a new tally of votes. The result of the trial paves the way for former deputy Paulinho da Força (Solidariedade-SP), the party’s first deputy, to take the seat, however, the final decision will be made by the Regional Electoral Court (TRE) of São Paulo, reported The Brazil Agency.

Solidariedade claimed that the deputy was elected using the party’s financial and political structure and then migrated to the PSB without just cause, which is necessary for the parliamentarian to change parties without losing his mandate. The party also questioned the validity of the letter of consent presented by Lima to communicate his disaffiliation.

According to the TSE, Lima’s defense argued that he left the acronym because Solidariedade did not meet the performance clause in the last elections. With this, the party would lose the right to the Party Fund and free advertising on radio and television, a condition that legally authorizes just cause to change parties. However, Solidariedade stated that it began to meet the necessary requirements with the incorporation of Pros, in February 2023.

In August, the rapporteur voted to impeach Lima. The analysis of the case was interrupted by a request for a review from Minister Floriano de Azevedo Marques, who voted in the same direction as Tavares. Then, minister Nunes Marques asked for a view and presented his vote this Tuesday. Nunes Marques opened a disagreement and was accompanied by minister Raul Araújo.

For the rapporteur, the right to migration ceased to exist when the party, due to the incorporation of the Pros, overcame the barrier clauses. Therefore, the parliamentarian was still linked to the party when it exceeded this clause. He also pointed out that Lima communicated his disaffiliation on the same day as the incorporation of the Pros by Solidariedade, but the communication to the electoral court occurred “late”, the following day, that is, with the incorporation in force.

Ministers Floriano de Azevedo Marques, Benedito Gonçalves, Cármen Lúcia and the president of the Electoral Court, Alexandre de Moraes, followed Tavares’ understanding. Lima can still appeal the decision to the TSE itself and the Federal Supreme Court (STF).