The plenary of the (Supreme Federal Court) unanimously decided to maintain the decision of the minister to block to the election of 2026 by state, avoiding a new impasse between OEO (PT).
The trial takes place in the virtual plenary, scheduled to end this Wednesday (1st). The ministers and were the last to vote, confirming the unanimous decision of the Supreme.
Three ministers heard by Sheet They stated that the decision to maintain the current number of deputies was made to avoid one between the executive and the legislature.
The reason is the veto of President Lula to the proposal approved by the Congress from 513 to 531. The government overturned the proposal for considering it unpopular and on the grounds that there would be increased spending.
Congress should still vote a possible overthrow of Lula’s veto. The House considers it to have enough votes to defeat the Planalto, but the scenario is considered more uncertain in the Senate-the House President, David Alcolumbre (Brazil-AP), that the solution would update the number of deputies only in the 2030 elections.
The argument used by the Minister-Report Luiz Fux points out that the legislative process has not yet been closed, but the omission of Congress in relation to the subject is no longer configured.
The postponement was, according to the minister, because the electoral rules cannot be changed in the 12 months prior to the election. [O] Result can be safely and clearly applied from the 2030 legislative elections, “said Fux.
The controversy under discussion began in a decision of the Supreme Court in 2023. The court tried a state of Pará, which said that Congress has been active against the Constitution by periodically re -conducting the chairs of the House of Representatives according to the population -identified population changes.
The problem is about the representativeness of Congress. The Senate does not change its number of chairs because its representation is federative – the house has three senators from each state and the Federal District.
The House of Representatives, on the other hand, represents the Brazilian population, and the number of vacancies must be proportional to the number of inhabitants of each state and DF. Therefore, the Constitution defines that the house must redistribute its chairs periodically, observing the population changes.
The Supreme Court understood that Congress was silent by not changing its composition in recent decades and determined that the chairs were redistributed by states considering the 2022 census.
The new rules should be approved by October 1st. Otherwise, it would be up to the TSE (Superior Electoral Court) to calculate the new composition of the House, respecting the number of 513 federal deputies.
The House approved a bill by increasing the number of deputies from 513 to 531. The goal was to prevent a redistribution of chairs, maintaining the current number, causing vacancies for some states, such as Paraíba, Piauí and Rio de Janeiro.
The proposal was resistance in the Senate, but was approved after agreement between the two houses.
How would the Chamber be
If the change in the distribution of deputies began to be valid, seven states would have fewer federal deputies in the next legislature: Alagoas (1), Bahia (2), Paraíba (1), 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).
