The Constitutional Court (TC) upheld the decision to invalidate the summons to the V Chega convention, noting that the validity of acts performed at the Magna meeting is “a question that renders this process excessive.”
In a ruling published on the “site” on Thursday, the TC rejected Chega’s appeal and affirmed the July 11 decision that invalidated the party’s call for the V-Convention, as well as the approval of the electoral and functioning of this magna gathering, which took place between January 27 and 29 in Santarém.
This decision was made following an appeal filed by Chega’s number 3 militant, Fernanda Marques Lopes.
In the TC plenary appeal cited in the verdict, the party led by André Ventura argued that the TC’s decision is “much more damaging to the militants” because “it will imply the repetition of the convention, with all reputation. and financial consequences for the party, in addition to the instability caused by the decision”.
The party also states that the “National Convention is the most important meeting of the party, where all militants are represented, with the participation of about 800 delegates, and it can be assumed that any irregularity in the meeting was corrected by the taking place of the intended Convention”.
Chega also claims that, “based on the principle that ‘those who can do more can do less'”, the “magne meeting has the ability to remedy any irregularity possible, to the extent that its will overrides the will of an inferior organ is beyond.” “.
The TC contradicts this view, despite the fact that the July ruling “did not address the challenge of the deliberations or acts of the National Convention”, analyzing only the subpoena and adoption of the regulation.
“Whether or not the National Convention’s deliberations were valid due to the annulment of the call in question is a question beyond the current process”say the judges.
Nevertheless, the TC points out that “the party statutes do not provide for the power of the National Convention to convene the body itself in an extraordinary meeting” and that “the deliberative power in the extraordinary meeting depends on its content (and thus , also about the validity) of the summons”.
“Consequently, it cannot withdraw from the fact that the National Convention has caused it to ratify any defect in the deliberation which convened it; such an understanding, moreover, would rid the courts of the deliberations of most of the defects associated with the convocation of the bodies”he adds.
The Constitutional Court also indicates that “the argument advanced by the appellant that ‘who can do more, can do less’ cannot serve to strip the organs of their own power”.
“If we take the appellant’s argument to an extreme, the National Convention could surpass the performance of any other body in the exercise of its own powers, as it is the “most important” in the party’s structure.so it is in the verdict.
Regarding this dispute, the TC also notes that Chega has “objectively made it difficult for militants to exercise their right to contest.”
Source: DN
