The ministers of the STF (Supreme Federal Court) opened a discussion this Wednesday (8) on the possibility of keeping judge Ricardo Couto, president of the Court of Justice, as interim governor of Rio de Janeiro at least until October, when elections will be held for the Guanabara Palace.
The possibility was raised by minister Cristiano Zanin when he voted in favor of direct elections to define the state’s buffer governor, who would complete his term in December.
Minister Luiz Fux is now presenting his vote on the topic. The trial is expected to continue this Thursday (9).
“There is a remaining issue that we can also discuss throughout the debates, which would be the immediate realization, if this understanding prevails, of direct elections, or if we would consider another hypothesis, a single election, but always a direct election”, said Zanin.
“Then we will be able to define the format of the direct elections, whether they will take place now and also in October, or if we will only hold one election. And then we will have to define the permanence of the president, the eventual permanence of the president of the Court of Justice of Rio de Janeiro in office.”
Minister Alexandre de Moraes stated that the resolution of the TSE (Superior Electoral Court) provides for the possibility of “unifying in a single ordinary election”.
“I left it open so that we can reach this conclusion, including in light of what the resolution provides,” he said, without having cast a vote on the trial.
The plenary of the Supreme Court began judging this Wednesday the complaint proposed to the Supreme Court by -RJ, from the former mayor, pre-candidate for governor, asking for direct elections to be held.
The argument is that Castro’s resignation on the eve of the TSE trial, in March, was a maneuver to avoid a direct election, which could be determined by the court in the event of impeachment in the trial in which the former governor was convicted.
The Constitution of Rio de Janeiro provides for an indirect election, by state deputies, if the double vacancy of the positions of governor and deputy occurs without electoral conviction. The state has been without a vice-governor since last year, when Thiago Pampolha resigned to take up a seat at the TCE (State Audit Court).
Zanin agreed with the party’s thesis. “It is evident that the resignation of former governor Cláudio Castro was carried out in an attempt to circumvent the consequences of the trial that was carried out at the Superior Electoral Court,” he said.
Moraes has not yet voted, but indicated he would follow Zanin. “The then governor himself said he would resign on the deadline, that is, April 4th. […] What is the reason for the resignation [no dia 23 de março]? Electoral reason. It is not a reason for non-compatibilization, the reason was electoral, to avoid impeachment.”
Lawyer Thiago Boverio, representing the PSD, stated in oral arguments at the STF stand that the indirect election should not be held because “Rio de Janeiro defeated Gotham City”.
“If an indirect election is held in Gotham City, it is easier to elect the Joker than Batman. The situation is complicated.”
Couto’s stay until October was suggested by lawyer Gustavo Schmidt, also a representative of the PSD-RJ. He stated that the judge would have the role of “ensuring parity of arms without abuse of power and without abuse of the use of public machinery” in the next elections.
“If direct elections are not viable in the short term, consider the possibility of the STF recognizing the origin of the complaint, but modulating the effects of the decision, with the president of the TJ-RJ remaining as interim governor until then. The role of the president of the Court of Justice is not that of a typical governor. It is a transitional, rescue role,” said Schmidt.
Couto’s stay was initially proposed by Moraes when he voted in favor of direct elections in the trial on the law that establishes the rules for indirect elections. At the time, the proposal was that he would remain until a new election was held.
The decision to keep Couto is seen by deputies from Castro’s base and even, with reservations, from Paes’ allies as one in Rio de Janeiro. This is because the Assembly must elect a new president this month, a name that would be ahead of the judge in the line of succession, according to the Constitution of Rio de Janeiro.
The state government is not, at the moment, under the command of the president of Alerj because the position has been vacant since December, when Rodrigo Bacellar (União Brasil) was arrested on suspicion of leaking information about an operation against former deputy TH Joias, suspected of links with Comando Vermelho.
Deputy Guilherme Delaroli (), vice-president of Alerj, provisionally assumed the presidency of the House, but cannot take over the Guanabara Palace as he is not the holder of the position. For this reason, the government is under the responsibility of Couto, president of the TJ-RJ and last in the line of succession provided for in the Rio de Janeiro Constitution.
The election for Alerj’s presidency will take place because Bacellar was impeached last month by the TSE in the same process that condemned Castro. With the command of the House officially vacant — before he was just removed — the election should take place in the second half of April, after the TRE formalizes the new composition of the Assembly after the annulment of Bacellar’s votes.
The PSD defends the maintenance of Couto as it envisages the election of state deputy Douglas Ruas (PL), a pre-candidate for the government, to command Alerj, where Castro’s base has a large majority.
Ruas won the race last month, but the election was annulled by the courts because it was held before the recount of votes following Bacellar’s impeachment. The retotalization, carried out last week, did not change the composition of the House, but the tumultuous session led Moraes to see a “reigning legal uncertainty in relation to the leadership of the state Legislative Branch”.
