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It was rejected the deputy's action for a writ of mandamus that requested the return to office before the end of leave

Tuesday, July 18, 2017

The Chief Justice of the Brazilian Federal Supreme Court (STF), Carmen Lúcia, dismissed the action for a writ of mandamus (MS 35016) in which the federal deputy Valtenir Pereira (PSB-MT) required the immediate return to his parliamentary activities. The suit questions the act of the president of the Chamber of Deputies, Rodrigo Maia (DEM-RJ), who rejected a request for the legislator's return before the end of the consecutive license (health and private interest). The Justice verified in the case "manifest unfeasibility" of the request made, especially in view of the internal nature of the matter brought in the file.

The deputy reports that he asked the president of the Chamber for a license for health treatment for nine days and, subsequently, leave to deal with private interests for a period of twelve days. Subsequently, filed with the presidency of the Chamber a request for immediate resumption of the mandate, given the improvement of the health situation and the political situation of the country. According to the file, the president of the Chamber rejected the request on the grounds that, according to the internal rules of the House, "the formalization of a request for a consecutive license that entails the calling of an alternate is an irreversible act and the resumption of the mandate by the holder is only possible at the end of the term of the license."

Decision

Justice Carmen Lucia explained that for the analysis of the request made in the case, it is necessary to examine the procedural rules that’s regulate the granting of a license to the parliamentarian and to call a deputy for the position that emerges, a hypothesis that shows the internal nature of the matter. According to the justice, in the concrete case, the discussion of the validity of the license and its pending is resolved based on the internal rules of the Legislative House, with the examination of the request formulated and sent to the president of the Chamber of Deputies, its period, its motivation , The convening of the substitute, among other internal elements.

Read more: Rejeitado mandado de segurança de deputado que pedia retorno ao cargo antes do término de licença 

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