Dino's decision could affect PL and PT candidacies in Roraima; understand

A preliminary decision by Minister Flávio Dino, of the STF (Supreme Federal Court), handed down last Wednesday (27), may restrict the number of competitors in the supplementary election for the government of Roraima, scheduled for June 21.

By annulling the regional court's rule that allowed removal from public positions within 24 hours after the conventions, the determination makes the deadlines for incompatible PL and PT pre-candidacies unfeasible, isolating the candidacy of the interim governor, Soldado Sampaio (Republicans).

The TRE-RR (Regional Electoral Court of Roraima) had made the deadline for public office holders to leave their duties to run for election more flexible, allowing them to leave within one day after the conventions.

The Regional Body of the Republicans sued the STF on the grounds that regional courts do not have the power to create or mitigate periods of ineligibility, a matter restricted to complementary federal laws.

By agreeing with the party, Dino reestablished the mandatory deadlines set out in a complementary law from 1990, which range from 3 to 6 months of prior leave, taking as a reference the date of the election in June.

The practical impact of the decision falls on the two main parties that would oppose the government group:

- Arthur Henrique (PL): The former mayor of Boa Vista left office on April 2nd. With the vote scheduled for June 21st, he will accumulate just over two months of absence, a period shorter than the minimum 3 months required;
- Antonia Pedrosa (PT): The candidate of the Brazilian Federation of Hope resigned from her public duties in May and also fails to comply with the retroactive time criterion.

After the minister's decision, PL, Arthur Henrique's party, sued the president of the STF, minister Edson Fachin, alleging that the determination creates a "single candidacy" scenario and violates the principle of political pluralism.

To reduce the impacts of the decision on the electoral dispute, Dino published an addition to the injunction on Thursday (28) and authorized the application of a provision in the Elections Law that allows the replacement of candidates already registered or in the process of registration.

"The immediate replacement of candidates registered or in the process of registration is permitted", wrote the minister. According to the decision, the deadline for replacement must be brief and new candidates must meet all constitutional and legal eligibility requirements.

Despite the possibility opened by the Supreme Court, interlocutors from the affected parties assess that the measure does not eliminate the effects of the decision. PL and PT state that it is difficult to find names that are electorally viable and that also meet the non-compliance requirements required by legislation.

Source: CNN