The Superior Electoral Court (TSE) will judge this Tuesday (2) the appeals filed against the decision that made the former governor of Rio de Janeiro, Cláudio Castro, ineligible until 2030. The analysis of the case is considered strategic because it may have direct repercussions on the definition of the succession of the government of Rio de Janeiro.
In March of this year, the Electoral Court concluded that there had been abuse of political and economic power, as well as illicit fundraising and prohibited practices during the 2022 elections. The decision led to Castro's ineligibility, who had already resigned from his position on the eve of the final judgment.
Since leaving office, the former governor has also been the target of Federal Police operations and has announced that he will not be running for a Senate seat in this year's elections.
The ruling could impact the Supreme Court's decision.
The Supreme Federal Court is awaiting the outcome of the appeals review, where it is debating which model should be used to choose Castro's successor: a direct election with popular participation, or an indirect election conducted by the Legislative Assembly of Rio de Janeiro (Alerj).
Until the matter is resolved, the Supreme Federal Court (STF) has determined that the president of the Rio de Janeiro Court of Justice, Ricardo Couto, will remain serving as interim governor.
The ministers of the TSE (Superior Electoral Court) will analyze appeals presented by the Electoral Public Prosecutor's Office (MPE), by Cláudio Castro, and also by Rodrigo Bacellar.
Understanding of the Electoral Public Prosecutor's Office
The Electoral Public Prosecutor's Office argues that the TSE's decision should have formally recognized not only the revocation of the mandate, but also the revocation of Cláudio Castro's diploma.
According to the agency, there is a contradiction in the wording of the ruling, since the revocation of the mandate was ultimately deemed moot due to the resignation of Castro and the then vice-governor, Thiago Pampolha.
According to the Public Prosecutor's Office, the revocation of the diploma is the appropriate sanction in cases of proven abuse of political and economic power. Therefore, the loss of the mandate would only be an automatic consequence of the annulment of the electoral diploma.
The Public Prosecutor's Office further argues that accepting the resignation as a way to prevent the revocation of the diploma would open the door to legal maneuvers aimed at avoiding electoral penalties.
Dispute between TSE and STF over succession
The legal controversy has taken a new turn after the TSE (Superior Electoral Court) ruled that indirect elections must be held to fill the remainder of the term.
Meanwhile, the Supreme Federal Court (STF) began analyzing lawsuits filed by the PSD party questioning whether the vacancy of the position should result in a direct or indirect election.
The trial at the Supreme Court was interrupted after a request for review by Minister Flávio Dino. Before the suspension, Ministers Luiz Fux, André Mendonça, Nunes Marques, and Cármen Lúcia voted in favor of holding an indirect election in the Legislative Assembly of Rio de Janeiro (Alerj), through a secret ballot.
Minister Cristiano Zanin, on the other hand, defended holding direct elections, arguing that Cláudio Castro's resignation was intended to avoid impeachment and preserve the permanence of his political group in the state's leadership.
The expectation is that, after the TSE (Superior Electoral Court) concludes its analysis of the appeals, the Supreme Court will resume the discussion on the topic.
Defense attorneys request review of conviction.
In addition to discussing the effects of the conviction, the TSE will also analyze the appeals filed by the defense teams of Cláudio Castro and Rodrigo Bacellar.
The former governor's lawyers claim there were procedural flaws in the trial and maintain that there is no direct evidence demonstrating his participation in or acquiescence to the irregularities pointed out by the Electoral Court.
The defense argues that the decision did not clearly identify the elements that would prove Castro's personal involvement in the acts considered illegal, which is why it requests the annulment of the trial and a new analysis of the case, with full exercise of the right to a fair trial and due process.
In the case of Rodrigo Bacellar, the lawyers argue that the decision did not establish a direct link between him and the abuses recognized by the TSE (Superior Electoral Court). According to the defense, the former president of Alerj (Legislative Assembly of Rio de Janeiro) was not even mentioned in the testimonies used during the proceedings.
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