Após derrotas no TSE, senado quer retirar assentos de ministros do STF na corte eleitoral
o STF tem 3 vagas diretas e o direito de indicar 2 nomes para a Corte Eleitoral
A proposta de emenda à Constituição (PEC) apresentada pelo senador Márcio Bittar (União Brasil-AC) busca alterar a composição do Tribunal Superior Eleitoral (TSE), retirando do Supremo Tribunal Federal (STF) o poder de indicar a maioria dos ministros do TSE. Atualmente, o STF tem 3 vagas diretas e o direito de indicar 2 nomes para a Corte Eleitoral. Com a PEC, o Congresso Nacional passaria a ter maior influência na composição do TSE, sendo responsável pela indicação de 4 das 7 vagas, divididas igualmente entre a Câmara dos Deputados e o Senado Federal.
A modificação proposta estabelece que o TSE seria composto por:
– 2 juízes dentre os ministros do Superior Tribunal de Justiça (STJ), mantendo a regra atual;
– 2 juízes indicados pela Câmara dos Deputados;
– 2 juízes indicados pelo Senado Federal;
– 1 juiz dentre 3 advogados indicados pela Ordem dos Advogados do Brasil (OAB) e nomeado pelo presidente da República.
Atualmente, de acordo com o artigo 119 da Constituição Federal, o TSE é composto por:
– 3 juízes dentre os ministros do Supremo Tribunal Federal (STF);
– 2 juízes dentre os ministros do STJ (Superior Tribunal de Justiça);
– 2 juízes dentre 6 advogados indicados pelo STF e nomeados pelo presidente da República.
Essa alteração proposta na PEC tem gerado debates sobre a imparcialidade e a independência do TSE, uma vez que o Congresso, formado por políticos muitas vezes julgados por essa corte, passaria a ter maior controle sobre sua composição. Críticos argumentam que essa mudança pode comprometer a autonomia do TSE e a integridade do processo eleitoral no Brasil.
A proposta é assinada por 27 senadores, incluindo nomes como Sergio Moro (União Brasil-PR), Flávio Bolsonaro (PL-RJ), Rogério Marinho (PL-RN) e Hamilton Mourão (Republicanos-RS). Na semana passada, Bittar disse ao que a PEC não é uma retaliação ao STF e que não faz sentido recorrer de uma decisão do TSE no STF se os mesmos magistrados apreciarão o recurso.
TREs
A PEC é uma ofensiva apenas ao STF e não alteraria a composição das Cortes Eleitorais nos 26 Estados e no Distrito Federal, que seguem a mesma lógica de formação.
O artigo 120 da Constituição determina que cada Tribunal Regional Eleitoral seja composto por 7 integrantes, dos quais 6 fazem parte ou são indicados pelos Tribunais de Justiça: 2 juízes dentre os desembargadores do Tribunal de Justiça; 2 juízes dentre juízes de direito escolhidos pelo Tribunal de Justiça; 2 juízes nomeados pelo presidente da República dentre 6 advogados indicados pelo Tribunal de Justiça; 1 juiz do Tribunal Regional Federal.
O projeto de Bittar não muda esse trecho da Carta Magna. O senador afirma que estender as alterações aos TREs dificultaria a aprovação do texto e que a PEC tem o objetivo de corrigir um “descuido” que ocorre apenas com o TSE. Ele afirma que, no caso dos Tribunais Regionais Eleitorais, os recursos vão para o TSE, e não para os Tribunais de Justiça. Ou seja, a análise cabe a pessoas diferentes. “Quando você perde uma causa no TSE, você recorre ao STF e esse mesmo juiz vai dar o segundo voto. No caso dos TREs, quando você recorre, vai para o TSE. Não vai para o TJ”, disse.
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