The minister, of the (Supreme Federal Court), denied this Friday (29) the request of the president of Alerj (Legislative Assembly of), Douglas Ruas (), to take over as governor of the state and kept judge Ricardo Couto in the position.
In a preliminary (provisional) decision, Fux stated that the plenary of the Supreme Court, that the president of the TJ-RJ (Court of Justice of the State of Rio de Janeiro) should remain in charge of the Rio de Janeiro Executive until a new decision by the ministers.
“In this way, there is an express determination by the collegiate to prevent the knowledge of the claim formulated by Alerj, which is not changed by the supervening facts communicated in the case, given that these will be submitted to the plenary of this court in due course”, he says.
At the end of April, under the same argument as Fux. The minister said that the election of the deputy for Alerj as president of the house does not affect the decision.
Luiz Fux also denied authorization for PDT to join the action as amicus curiae (a Latin expression that means friend of the court – when a party enters as an interested party in the process to contribute information to the court).
According to the minister, the action under analysis discusses indirect elections due to double vacancy resulting from non-electoral reasons, but the party based its request fundamentally on issues linked to the process of electing the president of Alerj.
Ricardo Couto is in office on March 27, given in response to a PSDB request for direct elections in the state.
The judgment on the model for choosing Rio’s buffer governor, who will command the Guanabara Palace until the end of the year, was suspended due to a request for review (more time for analysis) from .
The minister stated that he prefers to wait for the publication of the ruling in which the former governor (PL) was convicted at the (Superior Electoral Court), postponing the definition of the case.
Despite the request, the ministers anticipated their votes during the session, registering 4 to 1 in favor of indirect elections, by Alerj deputies. The three stated that they see progress from the Supreme Court on the issue of TSE responsibility.