TJMT denies Abilio's injunction to suspend two-thirds quorum in the Cuiabá Chamber

The decision was handed down by judge Nilza Maria Pôssas de Carvalho, rapporteur of the Direct Action of Unconstitutionality (ADI). The judge understood that sufficient urgency was not demonstrated to justify the suspension of the rules before the definitive analysis of the merits.

In the decision, the judge highlighted that the questioned provisions have been in force since 2016 and have been in effect for around ten years without the Municipality seeking to suspend the rules. For her, this history weakens the claim of immediate risk presented by the Executive.

“The urgency that authorizes the granting of the unprecedented precautionary measure alter pars cannot be built on the prolonged inertia of the applicant himself”, noted the rapporteur.

Project in the Chamber

The judge also rejected the argument that maintaining the rules would harm the processing of a draft resolution being analyzed by the City Council.

According to the judge, the proposal deals with the internal organization of the Legislative Branch and, although it has institutional relevance, it does not represent concrete, immediate and irreparable damage to the Municipality capable of justifying the precautionary suspension of the rules.

Behind the scenes, the main political objective of the action is to unlock the processing of Project Resolution No. 31173/2026. The proposal amends article 23, § 2, of the Internal Regulations to allow a single consecutive reappointment to the positions of the Board of Directors within the same legislature.

If approved, the change paves the way for the current president of the Chamber, Paula Calil (PL), to run for re-election as head of the House.

When analyzing this point, the rapporteur stated that the existence of the project does not, in itself, characterize a situation of exceptional urgency. For the judge, the immediate suspension of rules in force for approximately a decade would require concrete demonstration of irreparable risk, which, according to her, did not occur.

Rules still apply

With the decision, items I, II, III, IV, V, VII, VIII,

Among the topics that depend on this quorum are the granting of real rights of use, tax incentives, sale and acquisition of properties, creation and suppression of districts, declaration of public utility, holding of itinerant sessions and changes to the Chamber's own Internal Regulations.

The judge emphasized that the denial of the injunction does not represent a judgment on the constitutionality of the provisions. The merits of the action will still be analyzed by the Special Body of the TJMT.

City Hall's arguments

The action was filed by the Municipality of Cuiabá, represented by Mayor Abilio Brunini, through the Municipal Attorney General's Office (PGM).

In the ADI, the City Hall questions the constitutionality of the provisions of the Internal Regulations that require a qualified majority for certain votes. The Executive maintains that the rule violates the principle of constitutional symmetry.

The Municipality argues that article 47 of the Federal Constitution and article 22 of the Constitution of Mato Grosso establish a simple majority as a general rule for legislative deliberations, allowing a qualified quorum only in the cases expressly provided for in the Constitution.

Therefore, the City Hall argues that the City Council could not impose, through the Internal Regulations, the requirement of two thirds of the councilors to approve or change certain matters.

After denying the injunction, the rapporteur ordered the Cuiabá City Council to be summoned to provide information. Next, the Mato Grosso Public Prosecutor's Office must make a statement before the final judgment of the action.