With the conviction of the former governor of Rio de Janeiro Cláudio Castro (PL) by the Superior Electoral Court (TSE), Rio will now have an indirect election to be held by the Legislative Assembly of Rio (Alerj) to choose the new state manager for the remainder of the term.
Following Castro’s declaration of ineligibility for eight years, the case now enters a new phase for the pre-candidate, marked by appeals and legal disputes that could extend until the 2026 elections.
The politician intends to run for the Senate in the state in the October elections, and this Monday he resigned from his position in order to be incompatible.
Despite the unfavorable decision in the TSE, Castro will still be able to appeal and, in practice, dispute the claim “sub judice”, depending on the measures adopted by his defense.
Conducting indirect election
At the end of this Tuesday’s trial, minister Antônio Carlos Ferreira explained that the “cassation of Cláudio Castro was jeopardized due to his resignation”. Despite this, there was a majority to consider him ineligible for 8 years.
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In this scenario, the election for governor of Rio will be indirect, as had already been predicted by Rio politicians.
Defense resources
With the setback at the TSE, the first move should be to file motions for clarification with the court itself, a resource used to clarify points of the decision and which can, in practice, postpone the end of the process. In parallel, lawyers can also sue the Federal Supreme Court (STF), on the grounds of violation of the Constitution.
Furthermore, the defense may try to obtain an injunction to suspend the effects of the conviction, which would allow Castro to register his candidacy normally.
Candidacy “under judge”
In practice, even if convicted, Castro will be able to run in the elections. This occurs because electoral legislation allows “sub judice” candidacies, that is, with pending legal issues that have not yet been resolved.
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The understanding behind this logic, according to experts interviewed by GLOBO, is to prevent a candidate from being prevented from contesting the election before a definitive decision is made. The Electoral Law is based on the assumption that it is less serious to allow participation and correct the result later, including possible annulment, than to previously prevent someone who could have the right to compete.
Diploma is a decisive milestone
The definition of effective eligibility, however, tends to only occur at the end of the electoral process. This is because the legislation establishes diplomacy as a decisive milestone, a stage in which those elected are officially confirmed in their positions.
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With the most recent changes to Complementary Law No. 64/1990, ineligibility must be confirmed by this time to prevent inauguration. If there is no definitive decision until graduation, the candidate can compete, be elected and assume the position. After this stage, subsequent decisions do not affect the mandate already started.
Possible scenarios
In practice, this means that, even if convicted by the TSE, Castro will be able to run for the Senate in 2026. If he manages to reverse or suspend the decision until diplomacy, he will be able to assume the position normally. On the other hand, if the conviction is maintained and has no suspensive effect at that time, he will not be able to graduate. Graduation usually takes place in December.
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Another point considered by electoral experts is that the succession of appeals, including precautionary requests, can prolong the process, pushing the definition to the limit of the electoral calendar.
What led to the conviction
The former governor’s conviction was based on the accusation of abuse of political and economic power, with the use of structures from the Ceperj Foundation and Uerj to hire electoral canvassers during the 2022 electoral period. The defense denies irregularities and maintains that there was no direct participation by Castro in the conduct highlighted nor any proven impact on the result of the election for which the politician was re-elected.
