Minister Nunes Marques asked for more time to analyze the case; decision on resuming the lawsuit remains in effect
Minister Nunes Marques, of the Federal Supreme Court (STF), asked this Friday (May 13, 2022) for more time to analyze the case regarding the indirect elections for governor and vice president of Alagoas. The Court analyzes the measures determined by Minister Gilmar Mendes on the claim.
The request does not prevent the election and Gilmar’s decision remains in force. On Monday (May 9), the magistrate ordered the reopening of the deadline for registration in the state election and established changes in the rules for candidacies. The registration and voting of candidates must be done in a single slate. Names must be party-affiliated, but do not need to have been chosen at a party convention. read the intact of the vote of the minister, rapporteur of the case (175 KB).
Until Nunes Marques’ request for a review, ministers Edson Fachin, Dias Toffoli, Alexandre de Moraes and Ricardo Lewandowski were following the rapporteur’s position.
According to the minister Nunes Marques’ office, the request for a visa does not prevent the already scheduled election and the injunction of minister Gilmar Mendes remains in force. The magistrate asked for more time to analyze the voting model proposed by the Legislative Assembly of Alagoas. The Court has precedent for holding the election closed rather than open.
According to the cabinet, the request for a view aims to pacify understanding for future cases, not this specific one in Alagoas.
The Court’s judgment took place in an extraordinary session of the virtual plenary. In the format, ministers cast their votes into the system, and there is no debate. The action was proposed by the PP, which had asked for the declaration of unconstitutionality of the notice calling for the election.
Gilmar’s individual decision represented a defeat for the mayor’s political group, Arthur Lira (PP-AL). The congressman had been taking a stand against the way the election was being organized. He is an ally of the mayor of Maceió, João Henrique Caldas (PSB), known as JHC.
The indirect election pitted Lira’s political group against that of Renan Calheiros (MDB-AL), rivals in the state election for political patrons. Calheiros and Lira exchanged criticisms on their profiles on social networks.
Suspension
Indirect elections in the state were suspended by the president of the STF, Minister Luiz Fux, on May 1. He answered the request of the PSB state directory against a decision by the TJ-AL (Court of Justice of Alagoas), which had authorized the election.
The party filed a request for suspension of the preliminary injunction directly to the president of the Court. Fux made the decision out of caution, given the risk of “perishing of the right”, as the election was scheduled for 10 am the following day. Read the entirety of decision (103 KB).
The indirect election for governor and vice president of Alagoas had been suspended by decision of the 1st Instance of Justice of the State. On Friday (29.Apr), the president of the TJ-AL, judge José Carlos Malta Marques, overturned the injunction and maintained the lawsuit.
State legislators are expected to choose names for a buffer term until those elected this year take office.
indirect elections
The then governor of Alagoas, Renan Filho (MDB-AL), announced on April 2 his resignation from the position, after 7 years and 3 months in the role. He will run for a seat in the Senate in the October elections.
His departure left the state with an indirect election for his seat. This is due to the fact that its lieutenant governor, Luciano Barbosa (MDB-AL), left office in the 2020 elections, when he became mayor of Arapiraca.
The vacancy would then be filled by the president of the Legislative Assembly of Alagoas, Marcelo Victor. However, he seeks re-election in the state. Thus, the position passed to Klever Loureiro, who at the time was president of the TJ-AL and is currently governor of the state.
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