STF resumes trial on provisional direction of parties – 02/02/2025 – Panel

This month will resume the judgment on the limits of the autonomy of political parties to set provisional management committees.

Provisional committees are bodies instituted by parties’ domes in states or municipalities, but without the status of directories made up of internal elective processes of subtitles.

The trial will be resumed in the virtual plenary, a platform in which the ministers insert the votes without the need for debates, between February 7 and 14.

The case comes from the action authored by in 2018, in the management of the former attorney general.

It began to judge the issue in May 2024, when the rapporteur of the case, inserted the vote into the virtual plenary.

The minister partially accepted PGR’s requests to define that “the autonomy of political parties to set the duration of their provisional bodies must be exercised in accordance with the democratic and republican principles, so that the realization is, within a reasonable period periodic elections to the direction of these organs and the alternation of power. “

Fux did not accept, in the vote, the request of the PGR to define the maximum period of duration of the provisional party bodies in 120 days. The minister argued that “there may be exceptional situations that justify the term for a longer period, related, for example, to the period necessary to hold a convention to choose new leaders.”

“The setting of the maximum term of the provisional party agencies must be defined in good faith by the political parties themselves in their statutes and subsequently submitted to the scrutiny of the Superior Electoral Court, and the TSE, in addition, to establish parameters for the matter In the exercise of its inherent regulatory power, “he added.

After Luiz Fux’s vote, the minister asked the case to be tried in the physical plenary. In October, Dino canceled the prominent request.

In November, the trial resumed in the virtual plenary, when the minister asked for a view, that is, more time to consider the matter. On December 11, the magistrate returned the process for trial.

In the resumption, the other ten STF ministers can vote and decide whether or not to accompany rapporteur Luiz Fux. There is a possibility of a new request for view or highlight postponing the outcome of the judgment.


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