The party of state deputy Douglas Ruas, pre-candidate for the government of Rio and favorite for the future election to the presidency of the Legislative Assembly, entered the Federal Supreme Court (STF) in order to guarantee that the person elected in the House can take over as interim governor. The request is a reaction to Minister Cristiano Zanin’s injunction that determined that judge Ricardo Couto would remain as acting governor until there is a direct election, open to all voters, to define who will command the state in a buffer mandate until the end of the year.
By demanding entry as an “amicus curiae” — interested party in an action — in the case that will analyze the election format to be adopted in the state, the party pointed out the difference between this debate and Zanin’s option to keep the president of the Court of Justice in office. After all, the PL’s expectation is that Ruas will be elected as head of the House in the coming days and can automatically become interim governor, in accordance with the traditional line of succession.
“One thing is the dissent surrounding the final model for reconstituting the leadership of the Executive Branch – whether through direct or indirect election, with open or secret voting, and under a certain regime of non-compatibilization”, points out the request. “Another thing, entirely different, is the definition of who should exercise, on an interim basis, the leadership of the Executive Branch while the Court does not conclude the major controversy and the definitive solution established by it is not implemented at the institutional level.”
The PL’s technical argument is based on article 141 of the state Constitution, which deals with succession.
“In short: the controversy over how the vacancy will be definitively filled does not authorize ignoring, for whatever casuistic or subjective reason, the constitutional rule on who should serve on an interim basis until then”, he claims. “This is because, in the Brazilian constitutional design, handing over the reins of the Executive to a member of the Judiciary is a necessary anomaly only and only in the face of the absolute and simultaneous vacancy of the Head of the Executive and Legislative Powers.”
On April 8, the Supreme Court will begin analyzing the PSDB’s action calling for direct elections to define the buffer mandate. Over the weekend, in the Court, there was a growing perception that the option defended by the party of former mayor Eduardo Paes, pre-candidate for the Guanabara Palace, is the best option. Even the PL started to admit the format.
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Until then, only one action focused on the rules of possible indirect dispute was being discussed in court. Minister Alexandre de Moraes, however, continued the tendency to defend that the election should be held with universal suffrage. He was accompanied by Zanin, Flávio Dino and Gilmar Mendes.
Alerj election
The hammer has not yet been decided on the date of Alerj’s new election, but the tendency is for it to happen in the next few days. On Tuesday, the Regional Electoral Court will carry out the totalization of votes for the 2022 election, which will allow it to know who will take over the seat left by former president Rodrigo Bacellar (União), who was revoked last week by the Superior Electoral Court (TSE). From then on, the House is able to call the vote.
Judge Ricardo Couto is governor of Rio because the current president of the Assembly, Guilherme Delaroli (PL), is interim, which does not allow him to take over the government. Last Thursday, the House held a hasty election that resulted in Ruas’ victory, but the court annulled it based on technical irregularities.
