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Brazilian Federal Supreme Court concludes trial of actions on rules of the Electoral Reform Plan

By majority vote, the Brazilian Federal Supreme Court (STF) understood that the federal legislature has power to institute new election hypotheses in the event of a vacancy resulting from termination of the majority office for electoral causes, but cannot provide for a form of presidential election, vice-president and senator different from that provided for in the Federal Constitution. On Thursday (8), STF concluded the judgment of the Direct Actions for the declaration of Unconstitutionality (ADI) 5525 and 5619, which questioned rules of the Electoral reform plan (Law 13.165/2015) on new elections in cases of loss mandate of elected candidate.

During the trial, the justices declared unconstitutional the requirement of res judicata on the decision that recognizes vacancy, with the final decision of the Electoral Court being sufficient. The Court also concluded that federal legislation establishing new elections for simple majority positions, that is, mayors of municipalities with less than 200,000 voters and senator of the Republic in cases of electoral vacancies, is constitutional.

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