The president of the (Supreme Federal Court), , scheduled the trial of cases regarding new elections for governor in .
Last Friday (27), the minister had determined, in an injunction (urgent and provisional decision), the position. At the same time, he had asked to take to the physical plenary an action that discusses the rules for indirect elections.
Both actions will be discussed in person by ministers on the date set by Fachin.
“The plenary’s deliberation, guided by the principles of constitutional legality, legal security and institutional stability, will aim to establish the legally appropriate guideline for conducting the succession process in the state of Rio de Janeiro, in accordance with the constitutional order and current electoral legislation”, said Fachin, in a note.
Zanin’s decision on Friday was taken in response to a complaint filed by the PSD-RJ with the Supreme Court, asking for direct elections to be held.
The party is , 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.
Zanin, rapporteur of the case, also determined that judge Ricardo Couto, president of the Court of Justice and interim governor, remain in office until the court decides on the matter.
The injunction and the request for prominence were measures taken, according to Zanin, so that the two processes can be discussed together.
The direct election thesis was presented by Moraes after five other ministers had already voted, debating only the law that established the rules for indirect elections. Zanin, Gilmar Mendes and Flávio Dino followed the proposal. The president of the STF, Edson Fachin, was the only one, among those who voted after Moraes, not to adhere to the proposal, but he did not present his position on the issue.
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).
“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 circumstance that the vacancy, in this case, was due to an electoral cause”, wrote the minister.
