MPE issues opinion against the departure of pedestrians without losing their mandate; trial will be this Wednesday (3) – PontoPoder

O public ministry Electoral Council of Ceará (MPE) issued seem contrary to the action filed by the state bench of PDT asking disaffiliation of the acronym without the loss of mandate. For substitute regional electoral prosecutor Marina Romero de Vasconcelos, there is no justification for maintaining the mandates for deputies. In the MP’s understanding, the mandates continue to belong to the PDT.

She also justified the position, issued last Monday (1st), claiming that the letters of consent obtained by the deputies were invalidated internally by the party.

The MPE’s opinion was presented two days before the trial of the case at the Regional Electoral Court of Ceará (TRE-CE), which is scheduled to begin at 10 am this Wednesday (3).

The outcome of the action could affect the mandate of deputies Tin Gomes (substitute), Antônio Granja, Bruno Pedrosa, Guilherme Bismarck, Guilherme Landim, Helaine Coelho (substitute), Salmito Filho (graduate), Jeová Mota, Lia Gomes, Marcos Sobreira, Oriel Nunes (licensee), Osmar Baquit (licensee), Romeu Aldigueri and Sérgio Aguiar.

Electoral dispute

The imbroglio involving these parliamentarians and the PDT began during the 2022 campaign, when the deputies were upset with the party’s decision to launch the candidacy of Roberto Cláudio (PDT) and not Izolda Cela (currently in the PSB). In that election, senator Cid Gomes (PSB) also avoided getting involved in the campaign because he disagreed with the creation of the ticket.

Last year, Cid resumed command of the party — before leaving the party — and granted letters of consent authorizing the departure of the deputies without them losing their mandate. The maneuver provoked dissatisfaction among the PDT’s national leadership, which immediately annulled the documents.

However, the group of deputies went to court to certify the validity of the letters. They argue that they are being persecuted by the party and that there has been a substantial change in the party program.

PDT Nacional claims that “nothing happened to reach members directly and personally”. It also argues that a disciplinary process against the PDT-CE — under the leadership of Cid — was initiated in 2023 because “the regional party body acted out of step with party norms and the conduct violated the PDT Statute”.

The acronym still denies the existence of a just cause listed for a substantial change in the party’s programmatic or ideological guidelines.

Decision

When analyzing the case, substitute regional electoral prosecutor Marina Romero de Vasconcelos points out that the issuance of letters of consent by PDT Ceará occurred “against the guidelines previously drawn up by the party’s National Executive in the (…) nationwide rule”.

Regarding the allegations of political persecution, she understands that “they clearly present themselves as political disagreements, about who to support (parties), who to nominate (their own candidates or those of allies), not listing, at first reading, a personal situation of serious discrimination against the authors”.

“Eventual internal political disputes for support, including the choice of candidates, do not constitute serious personal discrimination”, he adds.

Finally, Vasconcelos considers that the break between PT and PDT in Ceará “is not sufficient to demonstrate that there was a change or repeated deviation in the PDT party program”.

Precedent

In October last year, the TRE-CE judged a similar case, but which only affected the president of the Legislative Assembly of Ceará (Alece), Evandro Leitão (now in the PT). The Court authorized the PDT parliamentarian’s disaffiliation while maintaining his mandate. The decision was unanimous among the magistrates that make up the Court.

At the time, also under the command of Senator Cid Gomes, the state directory granted, at the end of August, a letter of consent for Evandro Leitão to leave the party without losing his elective mandate. However, the document was questioned by the PDT national executive, temporarily presided over by federal deputy André Figueiredo (PDT).

The “second wave” of letters of consent, granted to parliamentarians, took place in November. The prosecutor emphasizes, however, that there is a difference between the cases, since in October 2023 the PDT National Executive held a meeting granting power only to the National Executive to “approve the departure of members holding mandates”.

Judgment

Sought by the report, deputies Jeová Mota, Guilherme Bismarck, Oriel Filho and Guilherme Landim informed that they will wait for the trial to speak out.

All deputies cited as authors of the action were contacted by the report and the Northeast Diary awaiting feedback from parliamentarians. Substitutes Helaine Coelho and Tin Gomes were not located. The National and State Presidencies of the PDT, under the leadership of André Figueiredo and Flávio Torres, respectively, were also sought.