Termina nesta segunda-feira (12), a 20 dias do primeiro turno das Eleições Gerais 2022, o prazo para registro de candidatura decorrente de pedido de substituição de candidatas ou de candidatos para os cargos majoritários (presidente da República, governador e senador) e proporcionais (deputado federal, estadual e distrital). A Lei das Eleições (Lei nº 9.504/1997) permite ao partido, à federação ou à coligação substituir o postulante que for considerado inelegível, que renunciar, falecer ou que tiver o registro indeferido ou cancelado.
Tanto nas eleições majoritárias como nas proporcionais, a substituição só se efetivará se o novo pedido for apresentado até 20 dias antes do pleito, exceto em caso de falecimento de candidato, quando a alteração poderá ser efetivada após esse prazo.
Anulação de deliberação e decisão judicial
A direção nacional da coligação partidária poderá anular a deliberação e os atos dela decorrentes se a convenção partidária de nível inferior se opuser às diretrizes estabelecidas. Nesse caso, se for necessário escolher novos candidatos, o pedido de registro deverá ser apresentado à Justiça Eleitoral nos 10 dias seguintes à definição. O mesmo prazo vale para o caso de recebimento de notificação de decisão judicial que deu origem à substituição. Mais informações podem ser encontradas nos artigos 7º e 13° da Lei das Eleições.
Nas eleições majoritárias, se o candidato estiver ligado a uma coligação, a substituição deverá ser feita por decisão da maioria absoluta dos órgãos executivos de direção dos partidos coligados, podendo o substituto ser filiado a qualquer agremiação dela integrante, desde que a legenda à qual pertencia o substituído renuncie ao direito de preferência.
Substituição em caso de falecimento
A exceção para pedido de substituição de candidata ou candidato após o término do prazo só ocorre em caso de falecimento, em até 10 dias a contar do óbito.
Em todas as hipóteses de substituição, cabe ao partido político, à federação ou à coligação dar ampla publicidade ao fato, para esclarecimento do eleitorado, além da divulgação pela Justiça Eleitoral.
Será indeferido o pedido de registro de candidatura em substituição ou para preenchimento de vagas remanescentes quando não forem respeitados os limites mínimo e máximo das candidaturas de cada gênero previstos no artigo 72 da Resolução do Tribunal Superior Eleitoral 23.609/2019.
Fonte: tse.jus.br
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