Toffoli cancels the maneuver and determines the secret ballot in Senate elections – 02/02/2019 – Power



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The President of the Federal Supreme Court (STF), Minister Dias Toffoli, decided Saturday night (2) to cancel the maneuver of the Senate Chamber by a free vote at the the election to the presidency of the House and ordered that the vote be secret.

The election to choose the name that will command the Senate in the next two years was postponed until 11 am Saturday (2), after more than five hours of regimental maneuvers, gules and even "robbery" of the work of the Friday session (1).

"I hereby declare the vote on the point of order referred to the Plenary by Senator David Alcolumbre to be void, concerning the form of the vote for the positions of Council of the Republic. Senator José Maranhão, who, as announced publicly, will chair the meeting scheduled for tomorrow (Saturday) ", declares the decision

According to Toffoli, it is necessary to comply with Article 60 of the Regiment of Senate, which determines the secret ballot.

The allies of Senator Renan Calheiros (MDB-AL) arrived at 0h this Saturday (2). They asked the STF to cancel the vote on Friday (1), by which, by 50 votes to 2, it was decided that the election of the President of the Senate would be by open ballot. The request is signed by Solidarity and the MDB

Renan's allies made three requests: (1) that the Supreme Court guarantee the secret ballot provided for in the regiment of the House; 2) that the voting process submitted to the plenary by Senator Davi Alcolumbre (DEM-AP), which results in a majority in the open vote, be canceled; and (3) that it be recognized that candidates for the presidency of the Senate can not preside over preparatory meetings, "for absolute incompatibility, otherwise they will be declared barred". The third application concerned Alcolumbre.

According to Toffoli, the plenary session of the Senate "brought about a real casuistic metamorphosis" within the regiment itself. "Even if it happened by a majority, the repeal of the norm in question requires, by agreement, a nominal deliberation on the unanimity of the plenary, which did not happen at this preparatory meeting" , said the extract from his decision

In January, Toffoli had already

The background of the confusion that took place on Friday was the dispute between two groups for the presidency: that of Renan, target of Lava Jato and president. Onyx Lorenzoni (DEM), minister of the Civil House of Jair Bolsonaro, who tries to fill the post then not expressive of Davi Alcolumbre (DEM-AP)

.

For Toffoli, the fact that Alcalolbre presided over the session that changed the regiment and being a candidate ", in addition to complying with the Senate's 50 rules of procedure, only paragraph), to indicate a conflict of interest. overt interests, violates republican principles, equality, impersonality and morality. "

" I think the presentation by the interim president of a question of order regarding the form of the vote of the election of the board of directors (secret or open) has disrespected the decision that I took in this suspension of security, "said the chairman of the STF, referring to its decision to vote in secret in January.

"Thus, although the Constitution remained silent on the publicity of the vote for the formation of the board of directors (article 57, § 4), the rules of procedure of the Federal Senate laid down in the direction of the Election by vote in camera Some question cases may concern constitutional silence, if it would have been intentional, since the Constitution expressly provided for the secrecy of the vote by several votes, "said the Minister of the Supreme Court

a well-known candidate, Alcolumbre.

Although the Senate Regiment established that the election was secret and that unanimity was required to change this prediction, it exonerated the Secretary General of the Senate, Luiz Bandeira de Melo Filho, ally of Renan, made an open voting proposal – approved by 50 of the 81 senators, with 2 against.

A competent negotiator behind the scenes, Renan is more likely to vote by secret ballot, because many of his supporters do not want to be tied to a senator who, for many, represents the "old politics". Alagoan was the target of 18 investigations in the STF and is recurrent badault badault on Lava Jato's operations.

On Friday, it was agreed that Senator José Maranhão (MDB-PB), the eldest member of the House and Renan ally, should lead Saturday's meeting. The anti-Renan will try to keep the decision to vote open.

Maranhão said that he did not agree with the Alcolumbre decision to put the possibility of an open vote to a vote. "He [Alcolumbre] could not resolve a question of this nature, fundamental, on a point of order."

Alcolumbre declared after the close of the session that the population must rise up against those who do not support open voting.

After the Elections

Whatever the outcome, Jair Bolsonaro's government will not have an easy life in the Senate – a Renan victory will put in a position a person totally opposed to his Minister of the Civil Chamber .

Renan's victory has considerable weight for the MDB, who is leaving the palace of Plbadto for the first time in years. In addition, the party has not re-elected some of its most important names, such as the former president of the Senate, Eunício Oliveira (MDB-CE) and the president of the national legend, Romero Jucá (RR ).

This Friday's vote began after 5 pm and was marked by riots and discussions from the outset. Renan was exalted and discussed with Alcolumbre at various times. In one of those moments, he mentioned the episode in which Tancredo Neves had shouted "scoundrel, scoundrel" when Senator Auro de Moura Andrade had declared vacant the presidency of the Republic at the time of the coup. Military State of April 1964. And he had repeated the screams of Tancredo, "hoax!

" All of Brazil says that it is not a Senate, perhaps a hospice or worse, for do not say this word, the one that has in all the cities of the interior "

In another attack against Alcolumbre, Renan quoted MP Jean Wyllys (PSOL-RJ), who had given up to his mandate by saying that he had received threats preventing him from staying in the country. "Brazil." I will not do it like Jean Wyllys, I will not give up my term, I will stay here "He warned, in the opposition, your Excellency, who can do anything? I will vote openly on your excellence and salute your excellence and Onyx, "he joked, comparing himself to a" dog's horse ".

The confusion, however, culminated when senator Kátia Abreu, a member of the Senate, (PDT-TO), Renan's ally, approached the table and took the Alcalumbre file.

"Senator, turn over the file," Alcolumbre appealed.

Some senators went to the microphone to complain about what they described as one of the most vexatious moments in the history of the institution.

Shortly after 22 hours, Alcolumbre closed the meeting, which was possible. to hear Kátia Abreu speak to her side: "And now, what should I do with the folder?"

The new Speaker of the Senate will lead the House until January 2021. In addition to being the third Speaker of the Senate presidency

Renan recently attempted to approach the Bolsonaro family, stating that he would be a supporter of the reform proposals.

Evidence of the difficulty of badimilating the name of Renan, eldest son of the President of the Republic, Flávio Bolsonaro (PSL-RJ), who took office in the Senate, defended by the Minister of Finance. Brazil's economy, Paulo Guedes.

Asked about the possibility of the process being legalized, the congressman declared that the STF itself had already reported

Last month, the president of the court, Dias Toffoli, decided that the secret ballot was the form provided in the regiment until then. He also said that the election in the Legislative Assembly was an internal matter. corporis, that is to say, it was up to the senators to define rules on this subject.

"The Supreme has already said that the Senate is the one who rules the rite, and in my opinion, the President of the Supreme Court has already decided that the one who solved was the Senate."

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