Legend contests 24-hour deadline for non-compatibilization and open vote in Alerj in a possible indirect election
On Thursday (12 March 2026), the PSD sued the Federal Supreme Court against sections of Complementary Law 229/2026 of Rio de Janeiro, by the governor (PL), who acts as governor and vice-president in the event of a double vacancy.
The party’s offensive focuses on 2 points of the new rule: the period of just 24 hours for the incompatibility of anyone who wants to run for the position and the determination of an open vote in the choice made by the (Legislative Assembly of Rio de Janeiro).
President of the PSD-RJ, the federal deputy stated that the party decided to appeal to the STF because it considered that the provisions violate the Constitution. “The 1st unconstitutionality is formal, with the State invading the competence of the Union. It is there in article 22, item I: electoral law rules cannot be created by state law”he said. Regarding the requirement to leave within 24 hours, he stated: “Allows the use of political power in the electoral process”.
The backdrop of the action is the concrete possibility of a double vacancy in the State command. Castro has already stated that, and to do so, he will have to leave the government by April 4th. In parallel, there is a case in the (Superior Electoral Court) which could revoke his mandate and make him ineligible for 8 years.
but the trial was interrupted following a request from Supreme Court Minister Nunes Marques and should return to the plenary on March 24th.
The discussion about succession gained strength precisely because the next names in the line of succession also face impediments. The then vice-governor, (MDB), left his position to take up a position at the (Rio de Janeiro State Audit Court). The Presidency of Alerj is under interim command of (PL-RJ), replacement of (União Brasil-RJ), who was suspected of leaking confidential information about the Federal Police operation on December 3rd. He went 6 days later and is wearing an ankle monitor. The law mentioned by deputies in the House debate does not allow an interim person to take over the government.
According to the rule questioned by the PSD, the indirect election must be called within 48 hours after the vacancy and held on the 30th day, with nominal, open and in-person voting. For Pedro Paulo, the model opens up space for political pressure on deputies.
In the action, the party asks for a precautionary measure to immediately suspend the contested provisions until the final judgment. “The PSD will not accept this. We filed this action with the Supreme Court and we hope that the STF will address the issue urgently to avoid this trap that they are trying to place in the State of Rio de Janeiro. We will not allow it”said the deputy.
