The minister gave an injunction to the mayor Abelardo Rodrigues (DEM), from Alto do Rodrigues, in Rio Grande do Norte
20 November 2018, 13h34
São Paulo – The minister of Supreme Federal Court (STF), The Alexandre de Moraes, withdrew the decision of the Higher Electoral Tribunal (TSE) and the position of Mayor of Abelardo Rodrigues (DEM), from Alto do Rodrigues, came to Rio Grande do Norte. The minister also stops the additional elections scheduled for December 9 in the county.
His opponent, Jaqueline Medeiros (PSD) challenged the Democrat's candidature record, and by the Office of the Public Prosecutor during the 2016 elections. Both claimed that Rodrigues was not ineligible because of the conviction about misusing power for alleged deeds committed by him in 2008.
In the first and second cases, the mayor's record was deferred and re-elected in the litigation. Then, the TSE revoked the order on the basis of the Clean Registry Act, which prohibited the candidacy of people convicted in appealing courts, and called new municipal elections.
The defense of Rodrigues claims that the electoral court has failed the Supreme Court's case law over the after-activity of the Limpa Record. The Supreme Court decided that the law could reach elected candidates before its penalty in 2010.
The mayor also claims that his conviction had been unlikely for three years and that the decision was final in 2010, before the municipal elections that he elected to the post in 2016.
The Minister Alexandre de Moraes gave an injunction to the mayor in accordance with the legal accessibility thesis on incorrectly applying the Limpa Record, indicating that the application registration had been approved by the lower courts. Due to the "serious danger of the right risk," the minister suspended the additional elections scheduled for December 9.
"As a result, I stopped the extra election and ordered that the candidate be kept in the office, or returned if it was removed, until the final decision of the SUPREME FEDERAL COURT regarding the incredible appeal get it, "he said.
The report sought to contact Abelardo Rodrigues, but it was not returned.