Toffoli overthrows the decision of Marco Aurelio and the election in the Senate will be secret | Politics

Toffoli overturned the decision of Minister Marco Aurélio Mello, who decided in December to hold a free vote at the poll scheduled for early February.

Earlier, on Wednesday (9), Toffoli rejected a request from the elected representative Kim Kataguiri (DEM-SP) to open the vote for the command of the House.

Toffoli responded to the request of the Senate itself.

Toffoli understands that voting for House Command is an internal matter and must be defined by parliamentarians.

According to the Minister, an individual decision can not change the model of the election without the matter being discussed in plenary on the FTS.

With the decisions of the President of the Supreme Court, it will no longer be possible to know after the election of each parliamentarian who voted for the command of the House at the beginning of February, at the resumption of the new parliament.

The President of the STF baderted that the understanding of this will be valid until the judgment of the case by the plenary of the STF. He marked the badysis of the theme for February 7, after the election of the Bureau.

Toffoli pointed out that an individual decision could not change the standard in effect in the Senate.

"I note that the modification of the forthcoming elections, by way of a monocratic decision, without the possibility of badysis by the Plenary of the Court (with a view to a judicial suspension), would imply a sudden change in the way in which the election of the regional board of directors has occurred over the years in this House, although the maintenance of the regimental rule allows the continuity of the legislative direction's work in the way defined by this power, "Toffoli decided.

According to the President of the Supreme, the election of the board of directors with the purpose of the administration of the House, "it is not necessary to externally control the form of vote adopted for its formation ".

In addition, Toffoli pointed out that the secret election is being adopted in several countries and indicates that, although the Constitution does not indicate how should be voted for the election of the Bureau, the Senate excludes the rule, which should be in force as regards the separation of powers.

the Constitution was silent on the publicity of the vote for the formation of the presidential council, the internal rules of the Federal Senate arranged in the direction of the ballot in camera, "said the Minister

in December, last day before suspension of the work of the judiciary, Marco Aurélio ordered an open vote at the request of Senator Lasier Martins (PSD-RS). According to the minister, transparency is a requirement of the public authorities.