The Second Panel of the Federal Supreme Court (STF) began, this Friday (10), the trial that will decide whether federal deputy Valdevan de Jesus Santos, known as Valdevan Noventa (PL-SE), remains in office or will be revoked.
The ministers of the Second Panel of the STF will analyze the decision of minister Nunes Marques, who overturned the conviction imposed by the Superior Electoral Court (TSE) on Valdevan Noventa.
The trial takes place by the virtual plenary and started at 0:00 this Friday (10). So far, ministers Nunes Marques and André Mendonça have already voted, maintaining the decision to suspend the cassation.
“I emphasize that this cause has contours capable of generating perplexity. The decision by which the cassation was determined, with the consequent ineligibility, and the retaliation of votes took immediate effect. The party, however, is prevented from submitting the case to the Supreme Court due to the delay in publishing the judgment”, said Nunes Marques.
Ministers will have until 11:59 pm this Friday (10) to register their votes in the Supreme Court system. The Second Panel is composed of ministers Nunes Marques, Ricardo Lewandowski, André Mendonça, Edson Fachin and Gilmar Mendes.
The decision of the STF will have a direct impact on the composition of the Chamber of Deputies and the distribution of TV time that each party will have. That’s because, if the decision is for the impeachment of Valdevan, who takes the vacancy is Márcio Macedo, from PT. In this way, the PL would have one less seat in the Chamber and the PT, one more. The number of deputies is used by the Electoral Justice to calculate how TV time will be computed.
Valdevan was convicted of irregular fundraising for the campaign. Residents of Sergipe municipalities were pressured to simulate donations to the candidate.
The investigation showed dozens of donations of BRL 1,050, made at the same bank branch and in the next few days.
According to Nunes Marques, the TSE judgment has not yet been published, which would not have allowed Valdevan’s defense to file an appeal against the Electoral Court’s judgment.
“This is a flagrant restriction of defense, violating the fundamental guarantee of due process of law. It is unreasonable for the applicant to be penalized for the execution of the collegiate decision without giving him the opportunity to have the constitutionally guaranteed appeal instrument”, he observed.
Source: CNN Brasil
