The Minister of (Supreme Federal Court) decided on Monday (29) to stop for the election of 2026 the change in the number of federal deputies by state, as it would obey the population changes identified by the 2022 census.
Fux’s injunction, which needs to be confirmed by the court plenary, attended the president of the congress, Senator (União Brasil-AP).
The senator filed a request for the Court to suspend the measure, given that the deadline for making this recalculation would end on Wednesday (1st).
It obeys her to population changes identified by the 2022 census and, if carried out, would make some states lose and others gain chairs in the House.
The Congress had approved a bill raising the number of federal deputies from 513 to 531 with the purpose of no state losing representative, but the.
The change in the division of chairs by state was determined by the STF itself in the ado (direct action of unconstitutionality by omission) 38. The deadline for Congress to deliberate was until the end of June. Otherwise, the (Superior Electoral Court) would have to elaborate the new configuration by Wednesday.
Lula vetoed the measure in July contrary to a request for his political articulation and, in particular, the desire for alcohumbre and the mayor (-PB), main guarantors of the measure.
“Considering the constitutional principle of electoral annuality, in the light of legal certainty, it is necessary to clarity as to the number of legislative seats of each state and the Federal District in the 2026 elections, which will be held on October 4
From that year, “Fux wrote in the decision.
He then granted the alcohumbre request, determining the suspension of the effects of the previous decision of the ADO “until the due legislative process is completed, whose result may be applied safely and clearly from the 2030 legislative elections.”
In the original judgment of the action, Fux had voted in favor of the recalculation of chairs on the grounds that the omission of the resulting congress in “malfunction of the democratic system, related to the sub-representation of the populations of some states in the House of Representatives not admitted by the Constitution.”
If there was a change, the state of Hugo Motta, for example, could lose two vacancies.
Seven states would have fewer federal deputies in the next legislature: Alagoas (1), Bahia (2), Paraíba (2), Pernambuco (1), Piauí (2), Rio de Janeiro (4) and Rio Grande do Sul (2). Seven others would win: Amazonas (2), Ceará (1), Goiás (1), Minas Gerais (1), Mato Grosso (1), Pará (4) and Santa Catarina (4).
Congress could overthrow Lula’s veto with the support of most parliamentarians, but, after overthrowing due to popular pressure, there was fear among party leaders of head.
No, the evaluation of parliamentarians is that there would hardly be support for the overthrow of the veto. The PT, for example, making the overthrow less likely.
In the play filed on Monday, Alcolumbre says that the analysis of the presidential veto is a stage of the legislative process, a situation that “remains underway and is not completed”.
“Given the above, this Federal Supreme Court is required that, in view of the decision in the merits of the present direct action of unconstitutionality by omission, it is recognized that the decision of this Supreme Court with the approval of Complementary Bill No. 177, 2023, and that veto No. 20, 2025, is pending assessment by, which may decide on its maintenance or overthrow.”
In his decision, Fux requested the presidency of the STF Extraordinary Virtual Session of the Plenary to, by Wednesday, to endorse the precautionary measure granted by him.
The Constitution establishes that the number of deputies must be proportional to the population, respecting the minimum limit of 8 and a maximum of 70 per unit of the Federation. The calculation is made based on the IBGE demographic census data.
