Supreme Court Minister Luiz Fux granted today (29) the request of the President of the National Congress, David Alcolumbre (Union-AP), for the Court to maintain the same number of deputies of the 2022 elections in the 2026 elections, preserving the current proportionality by state. 
Earlier, Alcolumbre forwarded a request to the Court so that changes in the number of federal deputies – from 513 to 531 – or any normatization that could come from the Superior Electoral Court (TSE) are applicable only from the 2030 elections.
Understand
The demonstration concerns the project approved project by parliamentarians in June and vetoed by the President Luiz Inácio Lula da Silva in July.
The text was approved by parliamentarians in response to a requirement of the Federal Supreme Court (STF).
The Court judged an action of the Government of Pará that pointed to the omission of the Legislature to update the number of deputies according to the population change, updated by the demographic census every ten years.
Pará argued that it would be entitled to four more deputies since 2010. The last update was in 1993.
The Supreme Court, then, determined that the Congress votes a law to redistribute the representation of federal deputies in relation to the proportion of the Brazilian population in each state and in the Federal District. The Constitution states that no federation unit has less than eight or more than 70 deputies.
In the request, Alcolumbre argued that, as the veto has not yet been considered by the National Congress, the legislative process has not yet been completed.
“In the present case, veto No. 20 of 2025 has not yet been considered by the National Congress, which is why the legislative process remains ongoing and is not concluded by virtue of the non -closing of the legislative process, and to guarantee legal certainty and stability to the coming electoral process, that this Supreme Court maintains, for the 2026 elections, the same number of vacancies by the Federation and the Federation (States and States Federal District) of the 2022 elections, without redefining the number of vacancies by Federation Units, maintaining the current proportionality of the representation, ”says the document.
Decision
In the precautionary decision, Fux accepted the arguments referred by the National Congress to support the implementation of the effects of the decision of merit to the federal legislative elections of 2026, “until the due legislative process is completed, whose result may be applied safely and clarity, from the legislative elections of 2030”.
“It is maintained for the 2026 elections, the same number of vacancies of the Chamber of Deputies for the states and the Federal District of the 2022 elections, without redefining the number of vacancies by units of the Federation, maintaining the current proportionality of representation,” wrote the minister.
Fux also argued that there was exceptional urgency characterized in the case and requested an extraordinary collective deliberation in the court’s virtual plenary“Because there is a need for the deliberation to conclude before the incidence of the electoral annuality”, provided for in art. 16 of the Constitution.
