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STF has a 2×2 tie in analysis on suspension of the impeachment of PL deputy

The Second Panel of the Federal Supreme Court (STF) began, this Friday (10), the trial to decide whether federal deputy Valdevan de Jesus Santos, known as Valdevan Noventa (PL-SE), remains in his mandate or will be impeached. So far, ministers Kassio Nunes Marques and André Mendonça have voted, upholding the decision to suspend the cassation. Edson Fachin and Ricardo Lewandowski disagree with the rapporteur.

In a virtual plenary, the ministers of the Second Panel of the STF analyze the decision of Minister Nunes Marques, who overturned the conviction imposed by the Superior Electoral Court (TSE) on Valdevan Noventa.

The Second Panel is composed of, in addition to Nunes Marques, Edson Fachin, André Mendonça and Ricardo Lewandowski, by Gilmar Mendes, who will be the mining vote of the vote. The minister has until 11:59 pm this Friday (10) to register his position.

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

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