2023-09-12 02:38:35
The judge who judged the case states that the extension of the mandate at the head of the party is illegal; party says it will wait for notification to appeal
Gustavo Mansur/Palácio Piratini Governor of Rio Grande do Sul, Eduardo Leite
By decision of the Court, the governor of Rio Grande do Sul, Eduardo Leite, will step down from the presidency of the PSDB, a position he held since February this year. Judge Thaís Araújo Correia, from the 13th Civil Court of Brasília, also ordered that all decisions taken by him since July 6th of last year, when he extended his mandate, be annulled. Due to this decision, the entire executive committee – whose vice-president of the board was Raquel Lyra, governor of Pernambuco, and Eduardo Riedel, from Mato Grosso do Sul – will also change. In the judge’s decision, Leite will have 30 days to call a convention to elect a new executive. Party said it will wait for notification to appeal the decision.
The mayor of São Bernardo do Campo, Orlando Morando, who promoted the action, claimed that Eduardo Leite should have left his post on May 31, the date established for the end of his term in the minutes of the Executive Committee meeting that elected him. In its defense, the PSDB says that the extension of the mandate was unanimous, and that Morando himself agreed to the vote. But judge Thaís Araújo Correia rejected the argument and stated that the extension of the mandate could only occur once, for a maximum period of one year. “In this context, the defendant (the PSDB command) tries to give an extensive interpretation to the article, in order to authorize unlimited extensions, which goes against what was defined by the Superior Federal Court, in the judgment of ADIN 6230, which interpreted as ‘to Constitution § 2 of art. 3rd of Law 9,096/1995, as amended by Law 13,831/2019, to establish that political parties may, in the exercise of their constitutional autonomy, establish the duration of the terms of office of their leaders, as long as it is compatible with the republican principle of alternation of power achieved through the holding of periodic elections within a reasonable period of time’. In this context, it is observed that the unlimited duration of mandates is prohibited, prioritizing the republican principle of alternation of power. It is important to highlight that a different situation occurs when the same Commission is re-elected, observing the due electoral process, established in the Statute”, said the judge.
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