The Constitutional Court (TC) declared the ineligibility of Amândio Paulo Martins Nunes following a challenge by the Social Democratic Party (PSD). The challenge, which also included the name of Sónia Mexia, was related to the electoral list for Castelo Branco submitted by the Socialist Party (PS).
This decision follows PSD’s appeal regarding the verdict by the local civil court of the Judicial Court of the Castelo Branco District, which had previously dismissed PSD’s claim against the eligibility of PS candidates Sónia Mexia and Amândio Nunes. Both were second and third on the list led by Leopoldo Rodrigues.
The PSD contested the eligibility of the two socialist candidates, asserting that Sónia Mexia’s role as a board member of the Municipal Services of Castelo Branco and Amândio Nunes’ position as the municipal coordinator of Civil Protection disqualified them from running for the Municipality of Castelo Branco as proposed by PS.
On August 27, the Judicial Court of the Castelo Branco District denied the PSD’s challenge, declaring Sónia Mexia and Amândio Nunes eligible and ordering the publication of the PS list as presented.
The PSD appealed this decision, reiterating their initial arguments.
The PS defended the eligibility of the candidates upon notification.
On September 4, the Judicial Court upheld the decision to reject the PSD’s appeal.
According to the ruling, in the case of Sónia Mexia, the issue “seems quite clear.”
“The roles assigned and performed by the candidate are characteristic of a collegial executive body. Although administrators can be dismissed at any time by the Municipal Council, their functions are defined by autonomy from hierarchical constraints, guaranteeing them independence in managing services and planning activities (…).”
The TC determined that Sónia Mexia “is not subject to the prohibition of participation in the electoral act as stated in Article 7, n.º 1, alínea d), of the LEOAL. Therefore, the appeal does not succeed in this segment.”
Regarding Amândio Nunes, who was appointed Coordinator of Municipal Civil Protection of Castelo Branco, his responsibilities include directing local civil protection services, supporting operations within the district, implementing prevention measures, and ensuring coordination between local and national civil protection bodies.
The TC clarified that the role confirms Amândio Nunes holds a managerial position under explicit law acknowledgment. The law outlines his integration into municipal governance and subordination to the president of the Municipal Council.
“Thus, the situation of Amândio Nunes fully falls under the provision of Article 7, n.º 1, alínea d), of the LEOAL, rendering him ineligible for the upcoming electoral event.”
The ruling partially favors the appeal, declaring Amândio Nunes ineligible for the local elections in Castelo Branco while affirming the previous judicial decision in other respects.
