The Court of Justice suspended the (Legislative Assembly of Rio de Janeiro) on Thursday night (26), after pointing out signs of misuse of purpose and non-compliance with the decision of the Electoral Court.
The preliminary decision was made by the acting president of the court, judge Suely Lopes Magalhães, and complies with a writ of mandamus filed by opposition parties. The judge ordered the immediate suspension of the session and all acts subsequent to the election.
If the process has already been completed, as happened, the decision establishes the suspension of the effectiveness of the vote, keeping interim president Guilherme Delaroli () in charge of Alerj.
The reporter tried to contact , but was unable to speak to the deputy until the publication of this text.
Earlier, Ruas had been elected with 45 votes, without abstentions. Of the 69 eligible deputies, 24 did not participate in the vote. The session was marked by protests from the opposition, with cries of “coupist” in the plenary.
The decision comes after an offensive by the opposition to block the election. Parties opposing the election filed a writ of mandamus, alleging that the vote was carried out without the totalization of votes from the 2022 elections, scheduled by the Regional Electoral Court for next Tuesday (31), in addition to pointing out non-compliance with the House’s regimental rules.
In the decision, the judge states that Alerj reversed the logical order determined by the Superior Electoral Court by revoking the mandate of the then removed president, Rodrigo Bacellar (União Brasil).
According to , in addition to the loss of the mandate, there should be a retotaling of votes for the 2022 elections, which has not yet been done. For the judge, the Assembly “only partially accepted” the decision, declaring the position vacant, but not recomposing the composition of the House.
“The logical chronology to be observed (…) is unequivocal: first retotal the votes (…) and only then trigger the electoral process”, he wrote.
The decision also points out that bringing forward the election could constitute a misuse of purpose, as Alerj changed the timing of the election without fully observing the court decision and the House’s internal regulations.
Another point mentioned is non-compliance with Alerj’s internal rules. The judge highlighted that the session was convened without the minimum 48-hour interval provided for in the regulations, which, according to her, compromises transparency and equality among parliamentarians.
Furthermore, the decision states that the recomposition of the plenary, with the definition of Bacellar’s replacement, is a condition for the legitimacy of the election.
The decision reopens the dispute for command of the Assembly and keeps it indefinite.
Since Monday (23), Rio has been governed on an interim basis by the president of the Court of Justice of Rio de Janeiro, judge Ricardo Couto, following the resignation of former governor Cláudio Castro (PL) and the departure of his deputy, Thiago Pampolha.
Alerj’s election would define the first name in the line of succession, which gives a political dimension to the court decision.
In the decision, the judge states that a new election can only take place after the votes have been totaled by the TRE, the Assembly has been reconstituted and the regulatory deadlines have been met.
Failure to comply with the order may lead to those involved being held liable, including in the criminal sphere.
