The (Federal Supreme Court) formed a majority on Thursday (15) to block in the elections those candidates who did not account for the previous election, even if the situation is regularized later.
The conducting vote was the rapporteur minister, accompanied by Flávio Dino, Luis Roberto Barroso, Cristiano Zanin, Kassio Nunes Marques, Luiz Fux, Dias Toffoli and Luiz Edson Fachin.
Ministers Gilmar Mendes and Cármen Lúcia remain to vote.
The action was presented by the PT last year. The party wanted to overthrow a resolution of the (Superior Electoral Court) that determines that the candidate who is not accountable will not have the certificate of electoral discharge until the end of the legislature. Without this document, it is not possible to register an application.
The PT questioned the fact that the punishment lasts the entire legislature, that is, about four years. “It is disproportionate and unreasonable if this restriction extend to the entire period of the legislature, even if the candidate initially omitted has given his accounts and purged his arrears,” he says.
Moraes stated that the request would result in a trick through which the candidate could delay accountability.
“Anyone who is accountable at the proper moment, respecting the electoral legislation, even if it is disapproved, will be sanctioned, but by accounting it is possible that the MP analyzes a deviation of purpose, irregular use of public money. One who is not accountable may have acted with abuse of economic power, box two, diverted public money, but leaves account for the next candidacy. That, “he said.
According to the minister, the need for accountability is not a surprise and the party is aware of the obligation and must assist candidates to fulfill it.
“What is intended is to let the candidate choose the date that wants to be accountable. There is no right to the possibility that the person wants to choose the moment and does not answer for it. The question of accountability is not individual, it is indispensable for the legitimacy of the democratic process,” said the rapporteur.
Upon accompanying, Minister André Mendonça added that accountability allows the verification of other rules, such as compliance with the electoral quotas.
“It is essential for verifying respect for the legitimate participation of women in electoral claims. We would fatally contribute to quota fraud,” he said.
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