Constitutional Court upholds legality of Chega decision to expel founder Jose Diaz

The Constitutional Court (CC) rejected a request to challenge Chega’s National Jurisdiction Council’s decision to expel militant José Diaz, Chega’s founder and former vice president, in a ruling released this Monday.

In a June 9 ruling released by Chegoy, the NC finds that “there are no grounds for invalidating the punitive decision” of the party’s judicial body, arguing that there is constitutional jurisprudence that gives political parties “broad freedom of decision and freedom of action.” self-government, as well as in matters of disciplinary power in relation to the militants”.

“The TC is bound by the principle of minimum interference and is prohibited from formulating an alternative decision of the jurisdictional body in relation to the established sanction, before limiting itself to the control of clearly offensive actions,” justify judges Palacio Ratton.

On this basis, the TC considers the complaint filed by José Diaz to be unfounded, which in practice makes the expulsion established by the jurisdiction of Chega valid.

The former leader and activist of party number 14 was removed from office since August last year by the decision of the ethics commission, and in mid-January, by the decision of the National Judicial Council, he was expelled from the party.

The recusal of José Díaz asked the Ratton Palace judges to declare “the disciplinary procedure null and void”, deeming the discussion “unconstitutional for violating the principle of proportionality, fairness, necessity and adequacy”.

The appeal mentions that the former leader, who is now critical of leader Andre Ventura, is “accused of publications questioning the honor and good name” of the president, leaders, deputies and national bodies of the party, namely “on the Facebook social network and in the WhatsApp group” .

In the appeal, José Díaz argues that it was about “presenting a personal opinion on the actions of the aforementioned people”, noting that freedom of speech is “enshrined in the constitution”, and considers that according to this decision, the idea that “the crime of opinion prevails in Chega” .

The objection argues that the Ethics Commission, the body that proposed his expulsion and ceased to exist following the latest party charters of the TC, “its existence, distribution of functions and mode of operation” and “is more like a censorship commission of the Estado Novo times.”

Speaking to Lusa, the former vice president (a position he held for two years before being removed by the leader) also stated that he was not heard by the National Council of Jurisdiction and that it was “impossible for him to carry out contradictory things.”