The Federal District Court issued an injunction to leaders of the Sustainability Network linked to the Minister of the Environment, Marina Silva, recognizing that the party cannot prohibit members from leaving in cases permitted by law.
The leadership of the party is linked to federal deputy Heloísa Helena (RJ), who is in a fierce dispute with Marina’s wing over party directions.
The action was proposed by leader Giovanni Mockus, linked to Marina, and by the São Paulo state deputy citing a lack of internal democracy.
In the request for an injunction, Mockus and Helou cite a party resolution that refers all requests for disaffiliation for just cause to the consent of the national directory. This even includes, according to them, leaving within the so-called party window, a 30-day period that ends six months before the election.
According to the action, the resolution is an “instrument of political coercion published on the eve of the party window, which has direct and immediate repercussions on the electoral process, as it intends, in practice, to force current representatives to remain in the group against their will, blocking any political negotiations that imply possible disaffiliation”.
The argument was accepted by judge Delma Santos Ribeiro, of the Federal District Court of Justice, who granted an injunction suspending the effects of the resolution.
“Electoral jurisprudence has consolidated the understanding that, given the just cause — which includes the change of party carried out in the 30-day period preceding the period of affiliation required by law to run for election, majority or proportional, at the end of the current mandate —, disaffiliation is legitimate without prejudice to the exercise of the elective mandate”, says the judge.
The party is in a struggle between the Marina and Helena wings, and although the Minister of the Environment herself
The dispute spilled over into the legal field. citing problems in calling the meeting.
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