One request from the minister postponed, on Friday (14), the outcome of the trial in the Federal Supreme Court.
Provisional committees are bodies instituted by parties’ domes in states or municipalities, but without the status of directories made up of internal elective processes of subtitles.
Between February 7 and 14, the court resumed the vote on the case in the virtual plenary, a platform in which the ministers insert the votes without the need for debate. The case has been paralyzed since May 2024, after request for views (more time for analysis) of the minister.
Last year, the rapporteur of the case, minister, partially accepted the requests of the Attorney General’s Office to define that “the autonomy of political parties to set the duration of their provisional bodies must be exercised in line with democratic and republican principles so that, within a reasonable period, periodic elections for the direction of these organs and the alternation of power is guaranteed.
Fux did not accept, in the vote, the request to define in 120 days the maximum period of duration of the provisional party agencies. The minister argued that “there may be exceptional situations that justify the term for a longer period, related, for example, to the period necessary to hold a convention to choose new leaders.”
In restarting the trial, Moraes accompanied Fux, as well as ministers Edson Fachin, Cármen Lúcia, Dias Toffoli and Luis Roberto Barroso, forming majority.
The minister partially diverged from the rapporteur and understood that the party provisional bodies must have a maximum duration of four years, and there must be, during this period, there are internal elections to institute a directory, otherwise the party association does not participate in elections where directory. Dino was accompanied by the minister.
With the request of Gilmar Mendes, the trial returns to stake and will be restarted in the physical plenary, on a date to be defined later. Ministers may maintain or review their votes at the time. In addition to the STF dean, the other magistrates who did not vote for the Virtual Plenary – André Mendonça and Nunes Marques – can also position themselves.
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