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Reelection is fashionable, says Minister Marco Aurélio, of the Federal Supreme Court, but the interpretation of paragraph 4 of article 57 of the Federal Constitution cannot be left in the background. The rule prohibits reelection for the same office in the elections of each House of Parliament – House and Senate – immediately thereafter.
With this understanding, the minister opened the divergence in the trial that questions the possibility of reelection to the board of directors, including the presidencies of the Chamber and Senate. The action began to be analyzed in a virtual plenary session, this Friday (12/4).
The dean defends that the rule is categorical and has “unequivocal clarity” in prohibiting what would be a dribble, that is, re-election to the same position in the immediate election.
“The word has a unique meaning: that of making it impossible for the one who exercised the mandate, the one who was on the Board of Directors, to compete for the next one. position, as long as it has an alternate mandate ”, says Marco Aurélio.
Still, according to the minister, it is unacceptable that legislative chambers have what he calls “reigning comforts.” It defends that the objectives of paragraph 4 of article 57 “must be observed in a uniform way considered the Federation”.
“The thesis is not, for certain segments, pleasant, but I do not occupy, or rather, nobody occupies, in this Court, a chair focused on public relations,” he reaffirmed, as usual.
Until now…
The rapporteur, Minister Gilmar Mendes voted in favor of the dismissal of the action, understanding that the interpretation of the norm should not be literal, since the constitutional text does not exhaust the discipline of re-election for the presidencies of the House and Senate in this statement .
The following thesis was proposed: “The systematic interpretation of the final section of §4 of article 57 with article 2, article 51, III, IV, and article 52, XII and XIII, all of the Federal Constitution, the constitutionality of a single successive reelection or reelection of a member of the Bureau for the same position, others “.
Gilmar has already been accompanied by Ministers Dias Toffoli, Alexandre de Moraes and Ricardo Lewandowski, on the first day of deliberation in the virtual plenary session.
Nunes Marques followed with reservations. The new minister understands that the Supreme Court can only recognize constitutional changes, not create them. He argued that the court should recognize the possibility of reelection, but that it should not apply to parliamentarians who are already in the second term at this time or to those who may be reelected.
If there are no requests for opinions or prominence, the vote must end next Monday (12/14).
ADI 6,524
Click here to read Gilmar Mendes’ vote
Click here to read Nunes Marques’s vote
Click here to read Marco Aurélio’s vote
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