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STF provides legal opinions on a injunction that reinstated a 30-day deadline for parliamentarians' party-switching

The Plenary of the Supreme Federal Court (STF) has provided legal opinions on an injunction granted by Justice Roberto Barroso in the Direct Action for the Declaration of Unconstitutionality (ADI) 5398, which reinstated the deadline of 30 days for congressmen and holders of elective mandates to join new parties registered in the Superior Electoral Court (TSE) immediately prior to the entry into force of Law 13.165/2015. At the session on Wednesday (9), most of the ministers voted to maintain the injunction - granted in November 2015 - on the grounds of protection of legal certainty.

The questioned rule, known as the Electoral Reform Plan, created the so-called "partisan window" (for party-switching) and excluded the creation of a new party as a hypothesis for a reasonable caused party-switching without loss of mandate for party infidelity.

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