By 3 votes 2, the Second Panel of the Federal Supreme Court (STF) confirmed the decision of the Superior Electoral Court (TSE) that, in March, canceled the mandate of federal deputy Valdevan Noventa (PL-SE). With that, the preliminary decision of Minister Nunes Marques, who had returned the mandate to the deputy, was overturned. Thus, deputy Márcio Macedo (PT-SE) should return to office. 
Valdevan Noventa is accused of abuse of economic power. At the beginning of the year, the TSE canceled the parliamentary mandate and determined the recount of votes for the seat in the Chamber of Deputies.
When taking the case to trial, Nunes Marques reaffirmed his position on the issue and stated that the TSE has changed its jurisprudence on the annulment of the votes of elected candidates who are impeached.
The understanding was accompanied by Minister André Mendonça. “It is absolutely indisputable that a jurisprudential change took place in the species, as well as that it was applied retroactively, to the detriment of express provision in a TSE resolution”, said Mendonça.
The dissenting vote of minister Edson Fachin prevailed in the trial, who did not endorse Nunes Marques’ decision. For the minister, the preliminary injunction could not be granted by the STF before the analysis of the own appeal against the TSE’s decision.
Ministers Gilmar Mendes and Ricardo Lewandowski also did not accept the injunction.
Voting took place virtually, in which ministers enter votes into the Supreme Court system.
