Court endorsed, by 4 votes to 3, provisional decision by Minister Ricardo Lewandowski in favor of the pro-PT wing
The TSE (Superior Electoral Court) decided this Wednesday (Aug. Luiz Inacio Lula da Silva (EN). The Court ruled that Euripides Jr. remain in the presidency of the party.
The decision ends a dispute over the command of the Pros that has occupied the judiciary over the last few months: the legend’s leadership has changed 3 times since July 31, all of them through court decisions.
On the opposite side of Eurípedes is Marcus Holanda, who tried to sign Pablo Marçal’s candidacy to the Planalto. He succeeded, but the candidacy was overthrown.
Lewandowski was accompanied by ministers Alexandre de Moraes, Mauro Campbell and Benedito Gonçalves. Edson Fachin disagreed. He was followed by Carlos Horbach. Sérgio Banhos also diverged, but in a different way from Fachin.
According to Lewandowski, the TJ-DFT (Court of Justice of the Federal District and Territories) could not have passed the leadership of the Pros to Holanda, since the competence to decide on “internal controversies” of political parties belongs to the TSE.
“The jurisprudence of this Superior Court is in the sense that the Electoral Justice has the competence to consider the internal controversies of a political party, in the period of one year before the election, whenever they arise in the legal sphere of the participants of the bid”, he said. Here’s the intact of the vote (121 KB).
Differing, Fachin said the TJ-DFT could have decided, as the dispute over party control began in 2020. According to him, the TSE should appreciate partisan acts when they could affect the electoral process. Here’s the intact of the vote (144 KB).
“It remains valid to understand that the internal act for the holding of the national leadership positions of the party took place at a time that did not affect the 2020 electoral process”said the minister.
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