Câmara asks the Supreme Court more time to apply a decision that nullifies election of deputies
The House of Representatives requested the Supreme Court (STF) that the officialization of the decision that may result in the annulment of seven parliamentarians until the completion of the lawsuits may appoint. According to the House, the issue requires a “thorough analysis”, as it can generate changes in parliamentary composition, directly impacting legislative functioning.
“There is a risk of seizure in parliamentary representation, with losses and mandate assumptions that directly impact on the functioning and organization of the House of Representatives, lacking thorough analysis, with the necessary prudence and proportionality,” the house says.
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The Chamber is based on Law No. 9,868/1999, which regulates the ADI (direct unconstitutionality actions), and highlights the difference between precautionary measures, which have immediate effect because they deal with urgent situations, and decisions of merit, which only have effects after the final judgment and the publication of the judgment. The house argues that the decision that changes the composition of the house cannot yet be executed, as it has not become final, which could compromise legal certainty.
Last Thursday, 16, the Supreme Court invalidated the terms of seven deputies elected in 2022 due to the application of rules on the distribution of electoral leftovers that were considered unconstitutional. The affected parliamentarians are: Silvia Waiãpi (PL-AP), Sonize Barbosa (PL-AP), Professor Goreth (PDT-AP), Augusto Puppio (MDB-AP), Gilvan Máximo (Republicans-DF), LEBRON (União-RO) and Lazarus Botelho (PP-TO).
Although the decision has immediate effect, its execution depends on the Electoral Justice and the House itself. Parties benefited by the measure, such as PSB, PCdoB and we can, press the immediate implementation of the decision, as their benches will gain new chairs.
With the change, the parliamentarians who should take over the mandates are: Professor Marcivânia (PCdoB-AP), Paulo Lemos (PSOL-AP), André Abdon (PP-AP), Rodrigo Rollemberg (PSB-DF), Rafael Bento (Somos-RO), Tiago Dimas (Somos) and Aline Gurgel (Republicans-AP).
In February 2024, the Supreme Court considered unconstitutional the change made by Congress in 2021 in the rules of electoral leftovers, which were applied in the 2022 claim. The court then had to decide whether its determination would only be valid from 2024 or would have retroactive effect. With the decision for retroactivity, the results of the 2022 elections were impacted, leading to the replacement of elected deputies based on the norm considered invalid.
Thus, the vacancies were redistributed according to the criteria that were in force before the change of 2021, requiring parties to reach at least 80% of the electoral quotient and that the candidates had at least 20% of that index to run for leftovers.
