Under the guidance of the President (-PB), it filed on Monday (19) appeal to the (Supreme Court) to apply, to the current legislature, the change in, which will lead to the exchange of seven elected deputies.
The subject is the first to publicly oppose Motta and the president of the federal, (-AP), who actively acts behind the scenes for change. The immediate application of this trial will result in the departure of seven federal deputies and the diplomation of seven other – which four are allies of the Senator in Amapá.
Motta and Alcolumbre have been acting together on several guidelines, such as the agreement with the STF to, in which they analyze the MPs (provisional measures) and the wide amnesty of the convicts of the scammer acts of 8 January 2023.
In this case, however, the two had their first public divergence since they were elected to command the two houses of Congress.
The Senate President is appointed as the main responsible behind the scenes for convincing the Supreme Court to apply the change in electoral leftovers to the current legislature. This will lead to the loss of the mandate of deputies who oppose him in Amapá, such as Silvia Waiãpi (PL). In place, four other allies of the senator will enter.
It will also be affected deputies elected by Tocantins, Federal District and Rondônia.
Motta guided the House’s lawyers to appeal and try to make the previous decision of the Supreme Court prevail that the change in electoral leftovers would only be valid from the election of 2024, without affecting the deputies exercising mandate.
The argument is that the then rapporteur of the case in the Supreme Court had already opined in 2023 so that the change determined by the Supreme in the rule only came into force from the municipal election, which was supported by the majority of ministers, in a trial that ended in 6 votes to 5.
However, with Lewandowski’s retirement in 2023, the minister replaced him and voted in favor of the immediate effectiveness of the trial by analyzing the resources of parties that questioned the outcome of the election. Zanin’s position reversed the previous decision and determined, in March this year, the replacement of the elected based on electoral leftovers.
“With respect to the premises clearly fixed by Minister Ricardo Lewandowski in his winning vote, in April 2023, but which was supervened with the adherence of the majority of the House, the acclarational present, with modifying effectiveness, is asked, restoring the final result achieved when the first merit judgment of the present action,” asks the House in the new appeal.
Electoral leftovers are the vacancies in the Legislative Power that remains after filling the seats by the electoral quotient criterion – the total of the division of valid votes into a state by the number of vacancies.
The current law said that only parties that reached a minimum number of votes would be entitled to compete for the vacancies of the electoral leftovers, but the Supreme Court declared this rule unconstitutional and determined that all political parties can participate in this division.
The impasse now revolves around when the new rule for the House will be applied, if for the 2022 election or only from the 2026 election.
The Supreme Court determined the change in the House composition on March 13 and notified the other powers, but only published the judgment last Wednesday (14). It is now up to the TSE (Superior Electoral Court) to notify the regional courts to redo the calculation of vacancies and inform the legislature.
Motta’s initiative, to come with a new feature, can further postpone the change in the current composition of the house. While awaiting the analysis of the resources by the STF itself, the mayor would have a justification not to declare the loss of the mandate of the current seven deputies and to give the new elected, according to his allies.
The interlocutors the mayor also said he saw as the Supreme Court in Congress the declaration of unconstitutionality of the electoral leftovers law and the change in the current composition of the House.
Wanted, Motta and Alcohumbre declined to comment on the divergence.
