And the approved a bill that changes the moment when the minimum age of 21 years is assessed for a candidate to take over the mandate of federal or state deputy. The project seeks to unify the rule for all states, but also benefits the son of the former mayor (-al).
The text was sent to the president’s sanction or veto (PT).
Currently, the electoral law determines that the minimum age is verified on the date of inauguration, which for the House of Representatives is on February 1, when the election of the Board of Directors is also elected.
The new text establishes that the elected deputy must reach 21 years within 90 days from the election of the table – which in practice expands the term from February to the end of April.
Álvaro Lins Pereira de Lira, is 21 years old on March 17, 2027. Alvinho, as he is known, and could take office as elected, according to the new rule.
Sought by the report, Lira did not respond until the publication of this report.
The justification of the project is that, by establishing this same period for all Federal Assemblies and the Federal Chamber, without the possibility of alteration or extension, there will be no room for each legislative house to decrease differently to the case and political convenience.
Behind the scenes, deputies claim that the construction and approval of the text has the direct influence of the former president. One of them came to play that the law should be called “law alvinho”.
Changes in the minimum age verification are included in a bill that also deals with electoral leaflets, determining that part of them should be made available in Braille – known to Jabuti, Legislative Jargon to define an excerpt from the bill alien to the main theme.
The text was approved in the Senate on Wednesday (1st), when it was sent to the House, where it was approved the next day, this Thursday (2). The rapporteur was the leader of the PP and ally of Lira, deputy Dr. Luizinho (RJ).
The bill was filed in the Senate in 2015 and was only the leaflets in Braille. The process was standing at the house until last week, when Senator Eduardo Braga (MDB-AM) was appointed rapporteur at the CCJ (Constitution and Justice Commission) and accepted an amendment, proposed by the Venetian Senators Vital do Rêgo (MDB-PB) and Otto Alencar (PSD-BA), which added the part over the minimum age.
Currently, there are breaches and precedent for elected to assume without reaching the minimum age on the date of inauguration, but the approved project, if sanctioned, makes Álvaro depend on any exceptions or maneuvers.
The Chamber of Deputies Regiment, for example, says that possession may occur within 30 days, renewable for another 30 days, in case of “reason for force majeure or disease”. This exception, however, varies according to the Internal Regulations of each Legislative House and is subject to change according to the will of the leaders and the plenary.
In his report, Luizinho states that the measure aims to standardize a single period for the measure of age in the case of the House and the Assemblies.
“As is well known, many members are elected and the dates of possession are subject to a series of local legislative rules, including when it comes to extensions. The proposal […]by establishing a single criterion for the finding of the minimum age, regardless of the regimental norm of each House – including reductions and extensions -, it gives greater legal certainty to the Brazilian electoral normative system, since it removes particularities and possible local casuism, “says the rapporteur.
The approved text says that the minimum age will be measured on the date of “presumed possession”, ie the possession “occurred within 90 days from the election of the respective Board of Directors, regardless of the regimental norm of each house, prohibited reductions or extensions”.
In May 2023, the (Superior Electoral Court) maintained the daughter of Federal Deputy Eros Biondini (PL-MG), who assumed in the Legislative Assembly of Minas Gerais a day after completing 21 years, based on a rule of the Internal Regulations that allowed the postponement of possession within 60 days.
Luizinho cites the case in his report, adding that the project is in accordance with the current case law of the TSE.
Álvaro was appointed to the position of Administrative Manager in Barra de São Miguel (AL) in February this year, with a salary of R $ 8,000.
Álvaro’s grandfather and Lira’s father, had been reelected mayor of the municipality. Now, the manager is his deputy, Luiz Henrique Lima Alves Pinto (PP), who has a salary of R $ 12 thousand. During the campaign, Álvaro was key to filling gaps that his grandfather, at the time 82, could not.
In Alagoas, Álvaro is seen as the natural successor of the former mayor. Although he is the youngest, he is the son who chose to participate in the political activities of the family.