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Friday, June 21, 2024

 

Updated at 11:31

 

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Minister André  , from the STF, called for prominence and interrupted the judgment of  two appeals against the judgment that  considered  a change made in 2021 in the rules of the so-called "electoral surpluses" unconstitutional . This change, however, did not affect parliamentarians elected the following year. The objective of the resources is for the understanding to be applied in the 2022 elections, which could lead to the loss of the mandate of seven federal deputies.

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Minister André  asked for emphasis. (Image: Carlos Moura/SCO/STF)

Minister Cristiano  vote could be decisive in the trial, as he did not participate in the previous vote, in which his predecessor, minister Ricardo Lewandowski, had already positioned himself in favor of the change only taking effect in 2024. If  has a differing opinion , the result of the trial could be reversed, resulting in a score of 6 to 5 in the opposite direction, accepting the embargoes and applying the decision in the 2022 elections.

 

 

What are electoral surpluses?

 

Law 14,211/21 and TSE resolution 23,677/21 amended provisions of the Electoral Code to adjust its wording to the constitutional prohibition of coalitions in proportional elections and to establish criteria for the participation of parties and candidates in the distribution of seats. 

 

Thus, it was defined that the leftovers are distributed following three stages:

 

 

 

In the 1st phase of distribution of vacancies, two requirements are necessary:

 

That the party has obtained a vote equal to or greater than the electoral quotient; It is

That the party has a candidate with a vote equal to or greater than 10% of the electoral quotient.

The art. 106 of the Electoral Code provides for the calculation of the quotient using the following formula: electoral quotient (QE) = number of valid votes / number of vacancies.

 

In the 2nd phase of distribution of seats, when there are no more parties that have met the two requirements of the previous phase, the seats are filled cumulatively following two requirements:

 

The party must have obtained at least 80% of the electoral quotient; It is

There must be a candidate with a vote equal to or greater than 20% of the electoral quotient.

In the 3rd phase of distribution of seats, when there are no more parties that have met the two requirements of the previous phase, the seats will be distributed to the parties that present the highest averages.

 

Obtaining the average is the result of dividing the number of valid votes attributed to each party by the number of seats obtained by it, plus one. This process is repeated until the remaining vacancies are filled.

 

However, and here is the controversial point, according to the TSE resolution, the highest average should only be calculated among parties that have obtained the first requirement of phase 2, that is, at least 80% of the electoral quotient.

 

Judgment at the STF

 

In February, the STF plenary, by 7 votes to 4,  allowed  all parties to compete for seats in the third phase of distribution of electoral surpluses, regardless of whether they reached the quotient of 80% and 20%.

 

At the time, the ministers decided that the decision would not be valid for the 2022 election, since, by 6 votes to 5, the Court understood that the principle  contained in art, must be considered. 16 of the CF.

 

Click here  to read voting details.

Now, Rede, Podemos and PSB, which had proposed two of the three actions analyzed, have filed resources so that the understanding can be applied in the 2022 elections.

 

The parties claim, among other points, that a qualified quorum of two thirds of the ministers was necessary to approve the modulation of the effects of the decision. However, the score was six votes to five.

 

Processes:    7,263  and  7,228

 

 link: https://www.migalhas.com.br/quentes/409851/mendonca-pede-destaque-e-suspende-julgamento-das-sobras-eleitorais