Alerj (do) approved this Wednesday (11) the rules that would regulate the buffer term of governor of the state, which would be exercised if the probable resignation of () in April, to run for the Senate, is confirmed.
The only divergence exposed was the requirement to meet the deadline for disqualification of future candidates. The electoral law prevents the participation, in elections, of names that have not been out of office in the Executive Branch for at least six months, such as secretaries. The approved project reduces this period, in the case of indirect elections, to one month.
This point affects the viability of the main names mentioned by the PL, which has a majority in the Assembly. Castro wants to nominate the secretary of the state Civil House, (PL), as a candidate. Senator Flávio Bolsonaro (PL) prefers the state secretary of Cities, Douglas Ruas (PL).
The disintegration of the Rio government’s succession line began in May last year, when the governor convinced the former deputy, Thiago Pampolha, to leave his position at (State Audit Court) in order to make room for the then president of Alerj (Legislative Assembly), (Union).
The design predicted Castro’s resignation to run for the Senate. Under the plan, Bacellar would be chosen by Alerj, where he had broad support, in an indirect election as the new governor to run for re-election in October.
However, as determined by Minister Alexandre de Moraes, of the (Supreme Federal Court), the name of the “buffer governor” became a topic of discussion within the PL, which has a majority in Alerj. Bacellar was removed on suspicion of leaking information about the operation, linked to Comando Vermelho. He denies it.
Representative Rodrigo Amorim (Union), rapporteur of the complementary bill approved this Wednesday, argues that the six-month rule for non-compliance can only be required in regular elections, with dates already foreseen in the calendar.
“No one knows when or if this [eleição indireta] will actually happen. So it makes no sense for anyone who intends to run in an extraordinary election to leave office without knowing the date and without knowing whether the election will take place”, said Amorim.
Deputy Luiz Paulo (PSD), author of the bill, states that Supreme Court decisions require compliance with ineligibility rules, including respect for the minimum period of six months for disqualification. He stated that he will ask the party to question the case in the STF.
The STF’s decisions refer to the rules for indirect elections held in Alagoas and Bahia. In both cases, however, there was no direct debate on the issue of the non-compatibilization period.
Luiz Paulo criticized the delay in discussing the bill presented in June last year, after Pampolha left the position of vice-governor. “This project was presented months ago. It was stuck in this House. Now, when the trial at the TSE approaches and when there is also talk of the possibility of resigning to run for the Senate, it is being processed urgently. It is necessary to recognize that the political and legal context influenced this calendar”, he said.
Castro still lives in anticipation of the resumption of action in the TSE (Superior Electoral Court) that calls for his ineligibility and the revocation of his mandate due to the government’s “secret sheets” scandal in the 2022 election.
If the governor is impeached by the TSE, the election to replace the governor must be direct. The expectation is that Castro will resign before the trial resumes, if there is an expectation of defeat. The trial was interrupted due to a request from Minister Antônio Carlos after made by Minister Isabel Gallott.
Representative Flávio Serafini attributed the rush in analyzing the project to Castro’s intention to avoid the trial at the TSE.
“Why vote today? We at PSOL are against voting today. Because we understand that today’s vote appears to be creating an escape route for Cláudio Castro to resign from his mandate and file a claim of loss of object with the TSE, depriving the people of Rio de Janeiro of the possibility of choosing the next buffer government, which will govern until the end of the year,” he said.
“We are going to contact the higher courts, the Federal Supreme Court, to ensure that the legislation is respected. But, above all, if Cláudio Castro’s objective is to create an escape window, let it be closed.”
