Fachin rejects PL request and maintains STF decision on supplementary election in Roraima
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Edson Fachin, president of the Federal Supreme Court (STF).
Edson Fachin, president of the Federal Supreme Court (STF).
Victor Piemonte/STF/Reproduction
The president of the Federal Supreme Court (STF), minister Edson Fachin, rejected this Monday (15) a request from the Liberal Party (PL) to suspend the decision that overturned a rule of the Regional Electoral Court of Roraima (TRE-RR) on the disqualification of candidates in the supplementary election for the state government. The election is scheduled for next Sunday (21).
The PL is the party of the former mayor of Boa Vista Arthur Henrique, who had his candidacy blocked and is appealing the decision to the Electoral Court.
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In May, an individual decision by Minister Flávio Dino annulled the TRE-RR rule that allowed candidates to leave public positions up to 24 hours after party conventions to contest the supplementary election. The minister also ordered the court to redo the election calendar and apply the disqualification deadlines provided for in the Ineligibility Law, which vary from three to six months before the election.
The measure directly affected the former mayor's candidacy. Arthur Henrique resigned from his position on April 2 and, by the date set for the supplementary election, he will have served just over two months out of city hall.
In the process, the PL asked for flexibility in the deadlines for the supplementary elections in Roraima. The party claimed that this type of election is exceptional and unpredictable and, therefore, would justify different rules.
Furthermore, according to the party, the application of the deadlines provided for by law would prevent the participation of the majority of candidates, "compromising political pluralism and popular sovereignty".
When denying the request this Monday, Fachin stated that the PL cannot present this type of appeal because political parties, as legal entities under private law, do not have the legitimacy to do so. The minister also highlighted that the presidency of the STF does not act as a review body for individual decisions of other ministers and concluded that the request did not meet the legal requirements for processing.
In an opinion sent to the STF on June 8, the Attorney General's Office (PGR) also spoke out against the PL's request. The Attorney General of the Republic, Paulo Gonet, stated that the appeal was inadequate and that the presidency of the Court cannot review individual decisions of ministers.
STF determines that TRE-RR redo the deadline for non-compatibilization for supplementary elections
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Arthur's candidacy was blocked on June 2, after the Regional Court found that he did not meet the deadline for non-compliance required by law. In the same session, and with the same understanding, the Court also rejected the candidacy of professor Antonia Pedrosa (PT).
He appealed the decision and remains with his candidacy sub judice, that is, without a final decision from the Electoral Court. Antonia Pedrosa was replaced by sociologist Nelita Frank.
Understand: Roraima will have supplementary elections because the Superior Electoral Court (TSE) revoked the mandate of then governor Edilson Damião (União Brasil) and ordered a new election to be held. With Damião's departure, the president of the Legislative Assembly, Soldado Sampaio, took over the government on an interim basis until new managers were chosen by the population.
Former mayor of Boa Vista, Arthur Henrique. Archive
Administrative process at the TSE
On Friday (12), the Superior Electoral Court (TSE) formed a majority to consider valid the original rule of the Regional Electoral Court of Roraima, which allowed candidates to be disqualified up to 24 hours after the party convention. The trial, however, was suspended after a request for review — more time for analysis — from Minister Estela Aranha.
The rapporteur of the administrative process, minister Nunes Marques, voted to maintain the rule and was accompanied by ministers André Mendonça, Dias Toffoli and Antonio Carlos Ferreira. In the vote, Nunes Marques stated that the Electoral Court usually makes the deadlines for non-compliance in supplementary elections more flexible to increase the participation of candidates.
Despite the partial majority in the TSE, the decision still does not allow Arthur Henrique to run. This is because the STF injunction that suspended the application of the deadline rule and prevents its effects remains in force.
President-elect of the TSE, Kassio Nunes Marques.
Alejandro Zambrana/Secom/TSE
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