06/21/2024 – 21:24
This Friday (21), the Federal Supreme Court (STF) formed a majority vote in the trial that could remove the mandate of seven federal deputies.
Six of the eleven ministers voted to change the scope of the Court’s decision that overturned the current rules for distributing so-called electoral surpluses for calculating vacancies in the Chamber of Deputies. The rules are used to calculate the seats that must be filled by candidates elected in the legislative houses.
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Despite the understanding formed, the virtual trial was suspended following a prominent request from Minister André Mendonça. With the stoppage, the trial will resume in the physical plenary. The date has not been set.
In February this year, the ministers kept seven deputies elected in 2022 in office who would be affected by the annulment of the rules on surpluses and understood that the decision should be applied in future elections. However, Rede Sustentabilidade, Podemos and PSB appealed to defend the application for the 2022 elections and remove the parliamentarians’ mandate.
So far, ministers Gilmar Mendes, Alexandre de Moraes, Flávio Dino, Nunes Marques, Dias Toffoli and Cristiano Zanin have voted to accept the resources.
Who can leave
The STF’s decision could remove the mandate of seven federal deputies, according to preliminary calculations presented by the Superior Electoral Court (TSE).
With the possible change, the Amapá bench in the Chamber, made up of eight deputies, will be the most affected, causing the change of half of the parliamentarians. The changes affect current deputies Dr. Pupio (MDB), Sonize Barbosa (PL), Professor Goreth (PDT) and Silvia Waiãpi (PL).
Three more deputies could lose their mandates: Lebrão (União Brasil-RO), Lázaro Botelho (PP) and Gilvan Máximo (Republicanos-DF).
Understand
In February, ministers judged actions filed by the parties Rede Sustentabilidade, Podemos and PSB to contest parts of the 2021 mini-electoral reform. Law 14,211/2021 reformulated the rules for distributing electoral surpluses.
Before the changes, all parties could compete for electoral surpluses, which are calculated by the Electoral Court to fill vacancies that were not filled after calculating the electoral quotient, the main criterion for defining the victory of parliamentarians in the elections. With the new law, only candidates who received minimum votes equivalent to 20% of the electoral quotient and parties that obtained a minimum of 80% of this quotient will be able to compete for the vacancies arising from the surplus.
The Supreme Court’s decision allows all parties and candidates to compete without restrictions in one of the phases of distribution of electoral surpluses.
Federal deputies are elected proportionally. To assume the seat, the parliamentarian must obtain a minimum number of votes, which will count towards the distribution of available seats in the Chamber.
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