The Electoral Public Prosecutor's Office (MPE) has once again put pressure on... Superior Electoral Court (TSE) The newspaper reports that the request to the Court should recognize the annulment of the diploma of former governor Cláudio Castro (PL). The GlobeThe request was made in an appeal filed after the decision that convicted the former president of abuse of political and economic power in the 2022 elections, but which did not expressly declare his removal from office due to his resignation.
In the document, the Deputy Attorney General for Electoral Affairs, Alexandre Espinosa, argues that there was "omission" and "contradiction" in the judgment. According to him, failing to revoke the diploma after the resignation opens the door to a "deleterious incentive" for procedural maneuvers aimed at avoiding electoral penalties.
Disagreement regarding the scope of the decision.
The court ruling indicates that only three justices explicitly voted to revoke Castro's diploma. The majority of the Court considered that the revocation of his mandate would be "prejudiced" due to the then-governor's resignation on the eve of the trial. Despite this, the eight-year ineligibility was maintained.
Espinosa, however, argues that a detailed reading of the votes reveals a majority in favor of the sanction. He includes in this calculation not only the ministers who directly defended the revocation, but also those who understood that the issue was compromised by the removal from office, which, in the view of the Public Prosecutor's Office, does not preclude the application of the penalty to the diploma.
The former governor also appealed to the TSE (Superior Electoral Court), requesting the annulment of the trial.
Direct impact on the election in Rio.
The decision regarding the annulment of the diploma has immediate political effects. The TSE's understanding could determine the model of the election that will choose who will complete the term until December.
If the vacancy is recognized as resulting from an electoral reason, as argued by the Public Prosecutor's Office, the election must be direct, with popular vote. Otherwise, the choice will fall to the Legislative Assembly of Rio de Janeiro.
This point made the trial even more sensitive, as it directly influences the state's political landscape.
Risk of being challenged in the Supreme Federal Court.
The Public Prosecutor's Office also indicated that, if the TSE (Superior Electoral Court) does not expressly recognize the annulment of the diploma, the matter could be taken to the Supreme Federal Court (STF).
In the appeal, Espinosa argues that decisions that weaken mechanisms to combat abuse of power "undermine the constitutional mandate to protect the legitimacy of the election." He believes that allowing resignation to avoid sanctions could compromise principles such as the normality of elections and probity in the exercise of office.
Precedent reinforces the Public Prosecutor's argument.
The Deputy Attorney General for Electoral Affairs also cited a recent case analyzed by the TSE (Superior Electoral Court) involving the governor of Roraima, Antônio Denarium. On that occasion, the Court decided to revoke the diploma of the former governor, even recognizing that the revocation of his mandate would be unfeasible since he was no longer in office.
According to the Public Prosecutor's Office, this precedent reinforces the need for the TSE (Superior Electoral Court) to clearly state the scope of the punishment in Castro's case.
Espinosa argues that resignation cannot serve as a mechanism to neutralize electoral sanctions. According to him, failing to apply the revocation of the diploma in these circumstances would be equivalent to "rewarding the procedural strategy of emptying the legal consequences of the electoral offense" and transforming resignation into a "tiered shielding mechanism" against the Electoral Court.
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