TRE-AC judges uphold decision on magistrate replacement

Judges at the Regional Electoral Court of Acre (TRE-AC) have reached a majority decision regarding a dispute over the rules for appointing substitute magistrates. The disagreement centered on the interruption of Luciano Oliveira de Melo’s term as a substitute for permanent judge Hilário de Castro Melo Júnior.

Judge Jair Araújo Facundes challenged the decision to end Melo’s term, arguing that the vacancy for the permanent position remained open and that the arrival of a new substitute, Emerson Silva Costa, should not automatically terminate the current appointment. Facundes cited a Superior Electoral Court (TSE) resolution stating that substitute selection should follow seniority.

However, the majority of the court rejected the appeal. The rapporteur, Samoel Martins Evangelista, argued that Melo’s initial appointment was an exceptional measure taken because no other substitute was available in the lawyer class. With Costa’s inauguration, the court ruled that the standard internal regulations regarding seniority and substitution rules could once again be applied.