The Supreme Federal Court (STF) has determined that the Regional Electoral Court of Roraima (TRE-RR) must review the deadlines set for the supplementary election that will choose the new governor and vice-governor of the state. The decision was signed by Minister Flávio Dino this Wednesday (27).
The judge ordered the Regional Electoral Court (TRE) to reassess, primarily, the deadlines for candidates seeking to run in the election to resign from their current positions. According to Dino, the Electoral Court cannot create its own rules outside of what is stipulated in electoral law.
The supplementary election was called after the removal from office of former governor Edilson Damião, of União Brasil, by decision of the Superior Electoral Court (TSE). Former governor Antonio Denarium was also declared ineligible after being convicted of abuse of political and economic power.
Questioned deadline
The Regional Electoral Court of Roraima (TRE-RR) had established a deadline of only 24 hours for potential candidates to leave public positions or functions incompatible with running for office. This measure was challenged by the Republicanos party, which filed a lawsuit with the Supreme Federal Court (STF) questioning the legality of the rule.
In his decision, Flávio Dino stated that the deadlines must follow the parameters defined by Complementary Law No. 64/90, which provides for periods of incompatibility of three, four, or six months, depending on the position held by the candidate.
"There is no adequate compatibility between the electoral process and the Constitution and Complementary Law No. 64/90," wrote the minister. According to him, the Regional Electoral Court (TRE) can choose from the deadlines already provided for in the legislation, as long as it presents justification, but it cannot establish new criteria without legal backing.
With this decision, the TRE-RR (Regional Electoral Court of Roraima) will have to revise the electoral calendar and redefine the rules for candidate participation in the supplementary election, scheduled for June 21st.
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