Decisão do STF ainda depende da Câmara e da Justiça Eleitoral
Por André Richter – Repórter da Agência Brasil
O Supremo Tribunal Federal (STF) decidiu nesta quinta-feira (13) que sete deputados federais podem perder os mandatos. A decisão tem validade imediata, mas depende da Justiça Eleitoral e a Câmara dos Deputados para ser efetivada. 
A decisão foi tomada no processo no qual a Corte derrubou as atuais regras para distribuição das chamadas sobras eleitorais para cálculo das vagas na Câmara. As regras são usadas para cálculo das cadeiras que devem ser preenchidas por candidatos eleitos nas casas legislativas.
Com a decisão, a bancada do Amapá, formada por oito deputados, deve ser a mais atingida, provocando a troca de metade dos parlamentares. As alterações devem atingir os atuais deputados Dr. Pupio (MDB), Sonize Barbosa (PL), Professora Goreth (PDT) e Silvia Waiãpi (PL).
Mais três deputados podem perder os mandatos: Lebrão (União Brasil-RO), Lázaro Botelho (PP-TO) e Gilvan Máximo (Republicanos-DF).
As vagas devem ser preenchidas por Rodrigo Rollemberg (PSB-DF), Rafael Bento (Podemos-RO), Tiago Dimas (Podemos-TO), Professora Marcivânia (PCdoB-AP), Paulo Lemos (PSOL-AP), André Abdon (Progressistas-AP) e Aline Gurgel (Republicanos-AP).
Entenda
Em fevereiro do ano passado, os ministros julgaram ações protocoladas pelos partidos Rede Sustentabilidade, Podemos e PSB para contestar trechos da minirreforma eleitoral de 2021. A Lei 14.211/2021 reformulou as regras para distribuição das sobras eleitorais.
Antes das alterações, todos os partidos podiam disputar as sobras eleitorais, que são calculadas pela Justiça Eleitoral para ocupar as vagas que não foram preenchidas após o cálculo do quociente eleitoral, critério principal para definir a vitória dos parlamentares nas eleições.
Com a nova lei, somente candidatos que tiveram votos mínimos equivalentes a 20% do quociente eleitoral e os partidos que obtiverem mínimo de 80% desse quociente passam a disputar as vagas oriundas das sobras.
A decisão do Supremo permitiu que todos os partidos e candidatos concorressem sem restrições em uma das fases de distribuição das sobras eleitorais.
A Corte considerou que o novo entendimento era aplicável às eleições de 2024. Dessa forma, os sete deputados não seriam atingidos.
Na sessão de hoje, os ministros julgaram recursos dos partidos para que as novas regras das sobras sejam aplicadas às eleições de 2022, pleito no qual os sete parlamentares foram eleitos.
Por 6 votos a 4, os ministros decidiram que as regras são aplicáveis às eleições de 2022, e os deputados devem ser substituídos.
Foto: © Marcello Casal Jr/Agência Brasil/Arquivo
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