By Camilo Diniz
More than 123,000 voters backed him, and he still missed out. Former governor Robinson Faria, of the Progressives (PP) party, finished the race for federal deputy in the northeastern state of Rio Grande do Norte as an alternate. A case at the Supreme Federal Court (STF), Brazil's highest court, over the rules for distributing "electoral leftovers" could now reconfigure both the state's federal and state legislative delegations.
A 32-vote gap in Rio Grande do Norte
The numbers show the distortion the lawsuit points to. Faria received 123,008 votes. Federal deputy João Maia, also of the PP, was elected with 123,040 votes, a difference of only 32.
At the other end is federal deputy Thabatta Pimenta, of the Green Party (PV), who received 92,743 votes. A possible reconfiguration puts in question the seat she holds today. In other words: a candidate with more than 123,000 votes is out, while a seat held by someone with about 92,000 is up for debate.
What the PDT is asking the Supreme Court
The dispute is in Direct Action of Unconstitutionality (ADI) 8036, filed by the Democratic Labour Party (PDT) and reported by Justice Gilmar Mendes. The party challenges the method for distributing electoral leftovers: the seats that remain after the electoral quotient is applied in proportional elections.
The target is Article 109 of the Electoral Code. Under the current model, the remaining seats are distributed according to the highest averages of the party tickets, taking into account the votes received and the number of seats already won.
According to the PDT, this mechanism can leave candidates with large vote totals without a seat, while competitors with fewer individual votes win one thanks to the performance of their parties or federations. The party asks for the suspension of the challenged rules and for the model to be declared unconstitutional.
What is at stake
The Rio Grande do Norte case has become the clearest example of the problem. If the STF accepts the request, the rule would cease to apply and the distribution of seats could be redone. That would affect not only the state's federal delegation but also its state legislative one.
There is no decision yet. The case is in Mendes's hands, and the outcome will show whether the leftovers calculation stays as it is or whether individual votes will weigh more in deciding who is elected.
Why it matters
Brazil elects its federal and state deputies by proportional representation, in which seats are shared among parties and federations according to their vote totals. Leftover seats are allocated in a second step, and that step is what the PDT is contesting. A ruling by the STF could change how seats are awarded and, as the Rio Grande do Norte case shows, who actually takes office.
VDD Analysis
There is a deeper question that goes beyond names: voters pick a candidate and expect their vote to count. A system in which 123,000 votes do not produce a seat, while smaller vote totals fill seats, deserves a serious and transparent debate. The Supreme Court should act with caution and respect what the law says, but the discussion about the weight of the individual vote is legitimate and necessary.
