06/22/2024 – 7:07
The Federal Supreme Court (STF) formed a majority this Friday, 21st, to revoke the mandate of seven federal deputies elected in 2022 based on rules for the distribution of electoral surpluses considered unconstitutional. Ministers Gilmar Mendes, Alexandre de Moraes, Kassio Nunes Marques, Flávio Dino, Dias Toffoli and Cristiano Zanin voted in this sense.
They considered that, by maintaining the mandates of parliamentarians elected based on a rule considered unconstitutional, the court would harm candidates who should be in office. “There is no doubt that the rule, in a judgment of unconstitutionality, via concentrated control, is the disappearance of all effects derived from the null, irrational, invalid norm”, said Dino.
Although the majority was formed, minister André Mendonça asked for emphasis, which means that the vote, which began in virtual mode, will be transferred to the physical plenary of the STF and will need to be resumed from scratch. Normally, ministers, in these cases, maintain the votes already given.
Seven deputies elected in 2022 are threatened with losing their positions – Sílvia Waiãpi (PL-AP), Sonize Barbosa (PL-AP), Professor Goreth (PDT-AP), Dr. Pupio (MDB-AP), Gilvan Máximo (Republicanos- DF), Lebrão (União Brasil-RO) and Lázaro Botelho (PP-TO).
Overturned clauses
In February, the Supreme Court decided that all candidates and parties can compete for electoral votes. The ministers overturned clauses, approved in 2021, that conditioned the distribution of surpluses to the performance of the parties and required a minimum percentage of votes for candidates.
The majority understood that the filters violate the principles of political pluralism and popular sovereignty. Now, the court needs to decide whether the measure will have retroactive effects, that is, whether it affects those who were elected based on the annulled criteria and are in office.
Initially, the ministers modulated the effects of the decision to define that the result would only have repercussions for the future, without affecting the mandate of elected parliamentarians. This point was defined by a tight score, 6 to 5. The topic is being revisited using resources from Podemos and PSB.
The authors of the appeals argued that there was no “qualified quorum” (eight votes) to modulate the effects, as required by law. “The error was in announcing the result. The Supreme Court should have observed the law that requires eight ministers for modulation to occur,” he told the Estadão/Broadcast Rodrigo Pedreira, one of the lawyers representing PSB and Podemos.
Calculations
According to calculations by Rede, PSB and Podemos, the changes, if the effects of the review are retroacted, would include the departure of Professor Goreth (PDT-AP), with the entry of another deputy with the same nickname at the polls: Professor Marcivânia (PCdoB-AP). A PL parliamentarian would be replaced by another from PSOL, both from Amapá: Silvia Waiãpi (PL-AP) (revoked by the Amapá Regional Court for allegedly using electoral campaign resources to pay for aesthetic procedures) would be replaced by Paulo Lemos (PSOL-AP )
Another PL deputy, Sonize Barbosa, also from Amapá, would be replaced by André Abdon, from the PP. Representative Gilvan Máximo (Republicanos-DF) would also be changed; Rodrigo Rollemberg (PSB-DF) would take his place.
From União Brasil, Lebrão, from Roraima, would leave and Rafael Bento (Podemos-RO) would enter. In this scenario, Lázaro Botelho (PP-TO) would leave and Tiago Dimas (Podemos-TO) would enter. There is still no date to resume, the trial, outside the virtual plenary, may have the score modified and revised.
In February this year, by majority, the Supreme Court’s plenary decided that all parties will be able to participate in the distribution of electoral surpluses.
The information is from the newspaper The State of S. Paulo.
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