Nunes Marques complains about STF interference in TSE and demands restraint from Fachin
Nunes Marques requested measures to ensure a "fair" distribution of rapporteurs and prevent STF decisions from affecting the conduct of elections.
TL;DR
- Nunes Marques expressed concern to Edson Fachin about the STF potentially "capturing" the TSE.
- He criticized "undue overlap of competence" by the STF impacting TSE's election management.
- Marques cited an instance where Minister Flávio Dino reversed a decision by Vice-President André Mendonça regarding humorist Antonio Tabet's posts.
- He warned that STF reversals of TSE decisions could turn the complaint into a "permanent instance of diffuse review" of the Electoral Court's actions.
- Marques requested Fachin establish a filter for urgent election-related petitions to prevent decisions that affect candidate equality or public order.
- He emphasized that unjustified case distribution offends due process and constitutes absolute procedural nullity.