The Regional Electoral Court of Rio de Janeiro (TRE-RJ) unanimously upheld the decision that recognized fraud in the gender quota in the 2024 municipal elections in Nilópolis and confirmed the disqualification of the entire slate of candidates for city council from the PSOL/Rede Federation. The Court also rejected a new appeal filed by the defense of candidate Camila Soares (Rede) and maintained her ineligibility for eight years.
The decision could alter the composition of the Nilópolis City Council. With the annulment of the votes received by the federation for councilor, the Electoral Court will have to carry out a new vote count that could redefine the distribution of seats in the municipal legislature.
The case originated from a lawsuit filed by the MDB of Nilópolis and by the then-candidate Russão Gomes (MDB). They alleged that Camila Soares' candidacy had been registered only to formally fulfill the minimum percentage of women required by electoral law, without effective participation in the election.
Upon reviewing the case, the Regional Electoral Court (TRE) concluded that there were several elements pointing to a fictitious candidacy. One of the main factors highlighted was the candidate's vote count: only one vote.
And the decisive detail was that this single vote would not have been that of the candidate herself. According to the court, the vote was registered in a different polling station than the one where Camila voted. For the judges, this reinforced the conclusion that there was no real campaign nor any effective intention to contest the election.
Another point taken into consideration was the total absence of campaign activities. The Regional Electoral Court (TRE) stated that it found no evidence of electoral outreach, participation in political events, distribution of printed material, or social media posts soliciting votes.
The judges emphasized that not even gratuitous publicity actions were identified. According to the court's understanding, even if a candidacy has few financial resources, some type of public mobilization in search of electoral support is expected.
The candidate's financial report was also cited as a relevant indicator. According to the proceedings, the campaign showed zero financial activity. Although the Regional Electoral Court (TRE) acknowledges that the lack of spending, in isolation, does not constitute fraud, the Court understood that this factor gains weight when combined with low voter turnout and a complete absence of campaigning.
The defense argued that Camila only entered the race in the final stretch of the election, after replacing another candidate who withdrew from the electoral process. The lawyers maintained that the short campaign period had hampered her chances of obtaining votes and that the case represented only an electoral failure.
The court, however, rejected the argument. The rapporteur highlighted that the substitution request was filed on September 15, 2024, guaranteeing approximately 21 days of campaigning before the vote.
According to the judges, this period would be sufficient for carrying out minimal acts of electoral outreach. The Court also noted that candidates can begin campaigning from the moment they file their registration request, even before the final decision of the Electoral Court.
During the trial, the Regional Electoral Court (TRE) emphasized that the policy of quotas for women aims to increase women's participation in politics and prevent candidacies launched only formally to meet legal requirements.
The court further explained that excluding Camila's candidacy would cause the PSOL/Rede Federation to fail to meet the minimum percentage of women required for the registration of the proportional slate in Nilópolis. Therefore, the entire slate was affected by the decision.
With the conviction upheld, all votes received by the federation for city council remain annulled. The expectation now is for the official recount of votes in the municipality, a procedure that could modify the composition of the Nilópolis City Council and directly affect the mandate of councilman Jorjão (Rede), the only one elected by the federation, with 2.155 votes.
After losing the main appeal, the defense filed a motion for clarification alleging omissions and contradictions in the judgment. The Regional Electoral Court, however, again rejected the arguments and stated that the appeal only attempted to reargue the merits of the decision already made.
In the end, the judges upheld the previous decision in its entirety, preserving the annulment of the ticket, the nullity of the votes, and Camila Soares' ineligibility until 2032.
The defense must appeal to the Superior Electoral Court (TSE) to try to reverse the decision.
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