STF interrupts trial with score of 4 to 1 in favor of indirect election in RJ

The Federal Supreme Court (STF) formed this Thursday (9) a score of 4 votes to 1 for the holding of indirect elections for the buffer mandate of governor of Rio de Janeiro.

Despite the partial understanding formed, the trial was suspended following a request for review made by Minister Flávio Dino. There is no date for resuming the analysis of the case.

With the suspension, the president of the Court of Justice of Rio de Janeiro (TJRJ), Ricardo Couto de Castro, will continue to serve as governor of the state on an interim basis.

STF interrupts trial with score of 4 to 1 in favor of indirect election in RJ

The Supreme Court judges an action in which the PSD state directory defends the holding of direct elections for the state’s interim command.

Votes

The trial began in this Wednesday’s session (8). First to vote, minister Cristiano Zanin, rapporteur of the case, voted to hold direct elections, that is, with the voter voting in the electronic ballot box.

In the minister’s understanding, the resignation of former governor Cláudio Castro to run for a seat in the Senate, the day before the trial that condemned him at the Superior Electoral Court (TSE), was a “fraud attempt” to avoid the calling of popular elections.

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Then, Luiz Fux voted through indirect voting, which occurs through deliberation by deputies of the Legislative Assembly of Rio de Janeiro (Alerj).

In today’s session, minister Flávio Dino asked for a review of the process. The minister said he intends to wait for the publication of the TSE ruling that condemned Castro to ineligibility to cast his vote.

Ministros do TSE

Faced with the suspension of voting, ministers André Mendonça, Nunes Marques and Cármen Lúcia, who are also part of the TSE, anticipated their votes and spoke out for the holding of indirect elections.

Mendonça said that there was no misuse of purpose in Castro’s resignation to run for the Senate.

“I understand that it is not possible to deduce that the unilateral act of resignation occurred as a fraud on the upcoming trial,” he stated.

Nunes Marques said that Castro’s resignation occurred to meet the deadline for non-compliance. Therefore, indirect elections must be held.

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“It does not seem reasonable to me, in an interval of a few months before, on the eve of the general elections in October, to hold a supplementary election for the positions of governor and deputy, followed by a new election for the same positions”, he explained.

Cármen Lúcia said that no one is unaware of the serious situation in Rio, which, according to her, is experiencing a situation of “deinstitutionalization”.

“The people of Rio de Janeiro deserve the right to an honest government, the right to decency, to ethics, which is inherent to any democratic state”, he added.

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Understand

The election for the buffer mandate must be held because the state’s line of succession is lacking.

On March 23, former governor Cláudio Castro was condemned to ineligibility by the TSE. Due to the conviction, the court ordered indirect elections to be held for the buffer mandate.

However, the PSD appealed to the Supreme Court and defended direct elections. The day before the trial, Castro resigned his mandate to meet the deadline for disqualification to run for the Senate. He could leave office by April 4th.

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The measure was seen as a maneuver to force indirect elections, rather than direct ones. With his resignation, the former governor could have influence in the indirect election of an ally for the interim government. The direct election could favor Eduardo Paes, from the PSD, pre-candidate for the Rio government.

Former vice-governor Thiago Pampolha left office in 2025 to take up a vacancy at the state Court of Auditors. Since then, the state does not have a lieutenant governor.

The next in the line of succession would be the president of Alerj, state deputy Rodrigo Bacellar. However, the parliamentarian was impeached in the same TSE decision that condemned Castro and has already left office.

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Before the decision, Bacellar was also removed from the presidency of the House by decision of Minister Alexandre de Moraes, of the Federal Supreme Court (STF). He is being investigated in the case involving former deputy TH Joias.

Currently, the president of the Court of Justice of Rio de Janeiro (TJRJ), Ricardo Couto de Castro, temporarily holds the position of governor of the state.

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