EXCLUSIVE! AL asks the STF to extinguish actions that question the choice of TCE-MA member

The president of the Legislative Assembly of Maranhão, state deputy Iracema Vale (PSB), provided, on Tuesday, 23, information to the STF in the context of actions that question the rite of choosing a member of the TCE of Maranhão.

The election process for the replacement of retired counselor Washington Oliveira – current secretary of the Institutional Representation of Maranhão in Brasília – has been suspended since March, when the rapporteur of the cases, minister Flávio Dino, granted an injunction after members of the opposition in the state Legislature questioned points in plenary relating to the rite, such as the need for support and signatures from 14 deputies to launch a candidacy, open voting and the maximum age of 65 years.

Through a PEC, a legislative decree and a legislative resolution, Maranhão deputies updated all these topics. Now, candidates can be nominated by block leaders, voting will be secret and the maximum age has been updated to 70 years old.

In the document sent to Dino, obtained exclusively by Gilberto Léda’s blogVale points out that all these controversies were resolved to adapt the local procedure to the Constitution and the rite adopted at the federal level.

“The Legislative Assembly of the State of Maranhão carried out an entire process of modernizing the legislation, making state standards compatible with the federal model, fully complying with the lines outlined in the decision in the case and the most valuable constitutional precepts, adapting the entire framework initially contested regulations, which no longer exist in the legal world”, highlights the president of the House.

She also alleges that the notice opening registrations, released under the previous rules, has already been revoked, “emptying” the object of the two actions being processed in the Supreme Court.

“In view of the above, with the revocation of the Notice opening the registration period for filling the position of Counselor of the Court of Auditors of the State of Maranhão and, as there is no longer any unconstitutionality identified, the purpose of the ADIs is void, which is why joint extinction is required, based on item VI of art. 485, of the CPC and, in accordance with Your Excellency’s understanding, requests the revocation of the precautionary measure granted in a monocratic manner. Furthermore, if you don’t understand, ask for the actions to be completely dismissed”, he adds.

Download here the entire document.

“Sensitivity”

In a conversation with journalists last week, Iracema said he hoped “understanding” and “sensitivity” of ministers of the Federal Supreme Court (STF) – where a direct action of unconstitutionality filed at the beginning of the year against the election process for the replacement of retired counselor Washington Oliveira is still being processed.

“Since the beginning of the process, we have been following the Federal Constitution, although the State Constitution was outdated. Even so, as a doubt was raised regarding the process that the Assembly had been carrying out, the Board of Directors chose to make all the adjustments. So, we adapt the State Constitution to the Federal Constitution, we process a draft legislative resolution, a decree, all within the regulatory deadlines, and in accordance with all requirements. Today work is completed. The Assembly did its duty and did its job”, he stated.