|
|
Augusto/Secom/TSE With this understanding, the Superior Electoral Court authorized Antônio Worst to disaffiliate from União Brasil without losing his mandate as councilor of Estância Velha (RS), a position for which he was elected in 2020. The decision was made by a majority of votes, on the night on Tuesday (28/3). Worst was elected by the DEM to the City Council of the city of Rio Grande do Sul. In February 2022, the party merged with the PSL, creating União Brasil. The request for disaffiliation was based on article 22-A, sole paragraph of the Political Parties Law ( Law 9,096/1995 ). The rule lists the hypotheses of just cause for party disaffiliation, among which is the occurrence of a substantial change or repeated deviation from the party program. TSE jurisprudence has understood that party mergers fall within this norm .
The vote of the rapporteur, minister Raul Araújo, won, according to which the substantial change in the party program can be assumed from the party merger. He was accompanied by ministers Cármen Lúcia, Benedito Gonçalves, Sérgio Banhos, Carlos Horbach and Alexandre de Moraes. The divergence opened and Minister André Ramos Tavares was defeated alone, for whom it is not possible to assume that the merger gen Special Phone Number Data erated a substantial change in program. Therefore, it would be up to the interested party to prove the change. Minister Ricardo Lewandowski agreed with the divergent position, but followed the rapporteur in the specific case as he understood that, in the specific hypothesis of União Brasil, the substantial change in program is duly proven. Antonio Augusto/Secom/TSE Minister Cármen defended that parties should be programmatic, not pragmatic Antonio Augusto/Secom/TSE Pragmatic parties Minister André Tavares' dissenting vote was presented on Tuesday night with the in a substantial change in the party program.
It is necessary to effectively demonstrate this occurrence”, he pointed out. For Minister Raul, this change is presumed because the merger of two or more parties to make way for a third always creates a new context of ideas and programs. This position was reinforced by the other ministers based on the Brazilian party experience. Minister Cármen Lúcia, when voting, highlighted that, in many cases, there is no relevant distinction between the programs of different parties. Thus, whether or not to comply with the requirement of the Political Parties Law for disaffiliation ends up being more of a judicial formulation than a reality. She cited the words of the retired minister of the Federal Supreme Court, Eros Grau, according to whom parties have to be programmatic and not pragmatic, so that there is partisan and not legendary representation in Brazil.
|
|
发表于 2024-2-19 13:13:21
