STF forms majority for Hauly to take Dallagnol’s chair in the Chamber

STF forms majority for Hauly to take Dallagnol’s chair in the Chamber

2023-06-10 03:20:35


Luiz Carlos Hauly (Podemos-PR) will take over the chair left by Deltan Dallagnol, impeached by the TSE based on the Clean Record law

The Federal Supreme Court (STF) formed, this Friday (9), a majority to nominate Luiz Carlos Hauly (Podemos) for the vacancy of former deputy Deltan Dallagnol, who was unanimously impeached by the Superior Electoral Court (TSE). So far, six ministers have voted in favor of the Podemos candidate, while three others have disagreed.

The rapporteur of the case, Minister Dias Toffoli, had already opposed the Regional Electoral Court of Paraná (TRE-PR), which appointed Itamar Paim (PL-PR) to the vacancy of the former Lava Jato prosecutor. The minister understood that the seat in the Legislative belongs to the party, that is, it should be destined for another politician of the same party.

The decision was followed by ministers Alexandre de Moraes, André Mendonça, Gilmar Mendes, Cármen Lúcia and Luís Roberto Barroso. Edson Fachin, Luiz Fux and Rosa Weber disagreed with Toffoli’s report. Minister Kássio Nunes Marques has not yet cast his vote.

Fachin understood that the party should have reached the nominal quotient to be entitled to the seat. The thesis was followed by Fux.

“It’s just that the rejection of registration at this stage the validity of the party’s votes, but the validity of the party’s votes is not equivalent to a seat guarantee. This is because it is only possible to consider someone elected if the party quotient and the nominal quota have been fulfilled”, he said.

“In practice, the validity of the votes of candidates whose registration was rejected must be treated as if they were a party vote: it helps the party to obtain the party quotient, but does not exempt candidates from obtaining a nominal vote corresponding to 10% of the electoral quotient ”, concluded Fachin.

Impeachment of Deltan Dallagnol

Dallagnol was impeached by the Superior Electoral Court (TSE) on May 16. The court understood that there was an irregularity on his part in requesting his resignation from the position of prosecutor when he was being investigated for disciplinary infractions by the National Council of the Public Prosecutor’s Office.

The decision was unanimously confirmed by the Board of Directors of the Chamber of Deputies. The former parliamentarian intends to appeal to the Federal Supreme Court (STF).

After the impeachment, Dallagnol’s votes would be computed for the former deputy’s party, with the second most voted candidate in the party being certified — in this case, Luiz Carlos Hauly.

However, according to an analysis by the Regional Electoral Court of Paraná (TRE-PR), Hauly would not have reached the minimum number of votes. With that, they opted to hand over the vacancy to the PL, which would graduate Itamar Paim.

The decision was appealed to the STF by Podemos, which considered the request valid. For Toffoli, alternates should not have the minimum percentage of votes to take office in these circumstances.

#STF #forms #majority #Hauly #Dallagnols #chair #Chamber


Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Recent News

Editor's Pick