Mayor of Porto Seguro, Jânio Natal, is running for reelection and could be sworn in as mayor for the 3rd consecutive time; previously, in 2016, he ran for mayor in a nearby city, won, was sworn in, but resigned before taking office to make way for his deputy, who was his brother.
THE TRE-BA (Regional Electoral Court of Bahia) analyzes the ineligibility of the mayor of Porto Seguro (BA) for attempting to be elected to the position for the 3rd consecutive time. Janius Christmas (PL) is a candidate for reelection in the city in the extreme south of Bahia after having run and won twice in a row in two different cities, Belmonte (2016) and Porto Seguro (2020). In 2016, he resigned before taking office. The deputy mayor, his brother, took over in his place. Janival Borges (PTN).
The request to challenge Jânio Natal’s candidacy was presented by his main opponent in the race for Mayor of Porto Seguro, state deputy Claudia Oliveira (PSD-BA). The report argues that Jânio ran for office in Belmonte with the intention of elevating his brother to mayor, since Janival had been defeated when he ran for the position in 2008 and 2012. The accusation says that Jânio’s candidacy violates the republican principle and electoral legislation.
Jânio, 71, is from Belmonte and has been mayor of the city twice. He has a history of resignations and changes in elected positions. Understand the chronology:
- 1998: elected councilor for Salvador. Resigned from office in 1991;
- 1990: elected state deputy for Bahia. Resigned from office in 1993;
- 1992: elected mayor of Belmonte. He served the entire term;
- 1998: elected federal deputy. Resigned from office in 2001;
- 2000: elected mayor of Belmonte. He served the entire term;
- 2004: elected mayor of Porto Seguro;
- 2016: elected mayor of Belmonte. Resigned on January 1, before taking office. His brother Janival Borges took over;
- 2020: elected mayor of Porto Seguro.
The request to challenge the candidacy was initially made to the Regional Prosecutor’s Office of Porto Seguro, which deemed it unfounded and granted the candidacy. The deputy’s coalition filed an appeal and took the case to the TRE-BA.
The defense counter-argues that Natal would be eligible to run again because he did not take office in 2016. On Monday (9.Sep.2024), the Regional Electoral Prosecutor’s Office issued a favorable opinion on the cancellation of the mayor’s registration.He cannot seek “re-election” in 2024, as he would be seeking election for the 3rd time after having been successful in two immediately previous ones.”, says prosecutor Samir Cabus Nachef Júnior. Here is the full of the opinion (PDF – 118).
In June of this year, the TSE (Superior Electoral Court) reaffirmed, in a unanimous decision, the prohibition of a 3rd consecutive candidacy, even if in different cities. In the opinion, the prosecutor says that the Court’s understanding “does not speak of a 3rd term, but of a 3rd election”.
The understanding was established by case law by STF (Supreme Electoral Court) in 2012. The cases are called by the Court “itinerant mayor“or”professional mayor“.
Therefore, even if Jânio Lima had not held office, the attempt to be reelected could already be considered incompatible with the principle of alternation. It is also, according to him, an attempt to perpetuate power.
The Electoral Public Ministry also declared Jânio Lima ineligible in August.Reelection is the act of being elected again, and this is perfected with the diploma (which declares the election valid) and is in no way confused with the effective exercise of a mandate.”, declared the prosecutor Valéria Magalhães Pinheiro de Souza.
The mayor of Porto Seguro spoke out about the case on social media after the Ministry’s opinion. In a post on August 29, he spoke of “lies, cheating and deception” on the part of the public entity.I have already won 11 elections and this must bother a lot of people. The difference between Jânio Natal and so many other politicians is that I am very proud of being a politician and I am not ashamed to say I am a politician.”, he said in a video.
If the TRE-BA rules in favor of maintaining Jânio Lima’s candidacy, the coalition of deputy Claudia Oliveira can appeal to the TSE. Since this is an exclusively constitutional issue, it can also be taken to the Supreme Court.
To the Poder360Natal’s defense said that, while there is no decision from the courts, the mayor of Porto Seguro will keep his candidacy approved according to a previous decision by the Electoral Court.
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