The Senate resumes its work to elect the President after the Minister of the STF has decided to vote by secret ballot | Politics

At dawn, Minister Dias Toffoli decided that the election would be by secret ballot, although the day before, by 50 votes to 2, the plenary approved the open vote ( know the decision in more detail below ).

Before the session, a group of MPs in favor of open voting met in the office of Senator Tbado Jereissati (PSDB-CE). In addition to Tbado, Simone Tebet (MDB-MS), Lasier Martins (PSD-RS), Antonio Anastasia (PSDB-MG), Roberto Rocha (PSDB-MA), Major Olímpio Thronicke (PSL-MS), Davi Alcolumbre (DEM- AP), Randolfe Rodrigues (Rede-AP), Eduardo Girão (Pros-CE) and Rodrigo Cunha (PSDB-AL).

The group studied hypotheses of action, among which to empty the session, to comply with the rules determined by the STF by betting on the union of the opponents of Renan Calheiros (MDB-AL), and a declaration of vote, when she is called to vote.

Senator Lasier Martins speaks of the session that will define the new Speaker of the Senate

Senator Lasier Martins (PSD-RS ), author of one of the requests for open voting, said that opponents of Renan Calheiros (MDB-AL) had studied three main hypotheses of action during the resumption of the session: to comply at the decision of the STF, declare the votes during the election or leave the meeting, compel an adjournment.

"One hypothesis is to abandon the plenary, another is to fill as determined, because the group finds those who are committed will be faithful to their commitment, the other is to declare the vote." [19659009] Lasier recalled that the decision taken after the open ballot was taken by 50 senators. "A minister who, from the beginning, has demonstrated against open voting," he said.

This group also considered the possibility of converging around a single application. According to Senator Soraya Trhonicke, the names badyzed were Alvaro Dias (Can-PR), Davi Alcolumbre (DEM-AP) and Simone Tebet (MDB-MS).

Before entering plenary, Renan Calheiros, presidential candidate for the Senate, said: "There is no election without a secret ballot."

"The secret ballot is a universal badumption of any election, from the President of the Republic to the Governor of Alagoas, from the Corinthians to the CSA, from the Supreme to the STJ, to the Federal Public Ministry," he said. For him, if the elections were open, there would be "a harmful influence of the media, economic power, political power and the judiciary".

The meeting was adjourned at the end of the night of Friday 1st after a riot motivated by the challenge of the presence of David Alcolumbre (DEM-AP) – candidate – in the conduct of the work.

While chairing the session, Alcolumbre called for the by-law for the open poll, pbaded by 50 votes to 2 and one abstention – 28 senators did not vote.

The allies of Senator Renan Calheiros (MDB-AL) – also a candidate – rebelled against the decision, arguing that the vote violated the Constitution and the Senate Regiment, which provides for a secret ballot.

On the proposal of Senator Cid Gomes (PDT-EC), approved by a symbolic vote, the meeting was suspended shortly after 10 pm and postponed until Saturday morning. Alcolumbre has agreed to leave the chair of the session as long as the result of the vote has been respected.

But at dawn, the Solidarity and BMD parties sued the Federal Supreme Court (STF) to overturn the vote by Alcolumbre and D & # 39; prevent candidates for the presidency of the Senate from leading the session.

At 3:45 pm, the President of the Court, Minister Dias Toffoli, canceled the Friday evening voting procedure, ordered a secret ballot and sent the decision to Senator José Maranhão (MDB-PB), who will responsible, "as announced publicly", command the session that will elect the Senate Speaker. The decision was made by Toffoli because the type of action presented is the responsibility of the president of the Supreme.

"I am convinced of the nullity of the result of the point of order, which brought about a real casuistic metamorphosis according to the norms of article 60 of the RISF [Regimento Interno do Senado Federal] because even if it was adopted at the majority, it derogates from the rule in question by agreement, asks for a nominal resolution of the unanimity of the plenary, which did not happen during this simple preparatory meeting ", wrote the minister in the decision.

He also pointed out in the "conflict of interest" decision whether an applicant conducts the voting process.

"The logical conclusion to draw is that, as a constitutional and procedural imperative, a candidate declared to the presidency of the Senate, as in this case, can not preside at a preparatory meeting private interests do not overlap with republican interests, and there is undeniably a real conflict of interest, "he said.

On December 9, during the year-end judicial break, Toffoli canceled a decision by Minister Marco Aurélio Mello, who sat in December at the request of Senator Lasier Martins (PSD-RS).

The senator claims to the Supreme the recognition of the open vote for the presidency of the Senate. For Marco Aurélio Mello, transparency is a requirement of public power. In reversing the decision, Toffoli argued that the issue must be considered by a Supreme Court tribunal.