The (Federal Supreme Court) unanimously agreed this Friday (27) to establish secret voting in indirect elections to choose the . It has also registered nine votes to reduce the deadline for disqualification to one day after the double vacancy of the positions of governor and vice-president.
The minister, the sixth to vote, opened a new discussion by defending the popular vote to define the name that will complete the term until December 2026. The understanding already has the support of ministers Gilmar Mendes and Cristiano Zanin.
Moraes considered that it was a maneuver to avoid the direct election, which could be determined by the (Superior Electoral Court) in the event of impeachment in the trial in which the former governor was convicted on Tuesday (24).
He also voted so that, until the new election, the state government will be led by judge Ricardo Couto, .
All ministers have already voted, but the extraordinary virtual session is ongoing until Monday (30), a period in which there is the possibility of changes in position.
Regarding the rules for holding an indirect election, all ministers agreed to establish a secret vote, in order to avoid the influence of the dispute in the Alerj (Legislative Assembly of). At this point, everyone followed the minister, rapporteur of the case.
By defending the secret vote, Fux contradicted the STF’s own precedents. He declared, however, that the power of organized crime in the state requires the protection of deputies’ votes.
“I believe that these considerations must gain greater weight in an environment of proliferation of organized crime, as unfortunately only occurs in the state of Rio de Janeiro, with the expansion of drug trafficking groups and armed militias, including penetration into the political environment”, wrote the minister.
Regarding the deadline for non-compliance, eight ministers followed the divergence opened by the minister, who defended the maintenance of the state law, with a provision of one day for leaving the positions after the double vacancy of the positions of governor and deputy.
She understood that the six-month period required by the ineligibility law must apply to elections already foreseen in the electoral calendar. “The reduction in the period for non-compliance by state law arises from the exceptionality of the situation addressed and the lack of predictability regarding the holding of the claim.”
Fux defended respect for the ineligibility law and remains the only one with this position.
Moraes’ vote opened a third point of debate, on. For him, Castro’s resignation, on the eve of the trial at the TSE, was made to “mitigate the effects of the electoral trial, whether in relation to the declaration of ineligibility or in relation to the political consequences of the vacancy of the head of the Executive Branch and his replacement”.
“With the resignation, carried out with a clear strategic objective, it was intended that the position of Governor of Rio de Janeiro would be chosen by indirect election, before the Legislative Assembly, and not directly by the population of the State of Rio de Janeiro, as would be normal, both due to the imposition of popular sovereignty and the democratic principle, and due to the fact that the vacancy, in this case, was due to an electoral cause”, wrote the minister.
Dino, in his vote, stated that “institutional sanitation of Rio de Janeiro” was necessary.
The direct election is a request from the party of (), pre-candidate for state government in October. He states that he accepts to run for the buffer mandate if it is carried out with a popular vote. The PSD filed a complaint with the STF this Friday (27) to specifically address this issue.
If the election is indirect, Alerj’s assessment is that the secret vote favors the opposition candidate, as it allows infidels from the PL alliance to choose another name.
The party of former governor Cláudio Castro wants to present the name of the deputy for the buffer mandate. The nomination, however, depends on the victory of Cármen’s thesis on disincompatibility, as he was state secretary until the 20th.
Two names articulate a candidacy in the opposition. The former president of Alerj André Ceciliano () is one of those listed, but it also depends on the victory of Cármen’s vote — the PT member was national secretary of Federative Affairs in the government. Another person trying to make the name viable is deputy Chico Machado ().
The two must count on the support of the former mayor of Rio de Janeiro Eduardo Paes. They also have the help of (), former president of Alerj impeached by the TSE who broke alliance with Castro.
