The Federal Supreme Court (STF) began voting this Wednesday (8) to decide a direct election – determined by the population of Rio de Janeiro – or indirect – carried out by state deputies, to elect the next governor in Rio de Janeiro.
The discussions reached the STF through actions after the acronym alleged that the former state governor Cláudio Castro had resigned from his position so as not to have the revoked position in a vote by the Superior Electoral Court (TSE). The TSE decided to
Before voting began, Thiago Fernandes Boverio, PSD lawyer, compared Rio de Janeiro to Gotham City. He said that, if the election is indirect, it is possible that they will elect the “Joker instead of Batman”.
Boverio also declared that the most legitimate thing is to place the decision in the hands of citizens and argued that, If the decision is by indirect election, it should at least be open.
Another PSD lawyer, Aristides Junqueira Alvarenga, from RJ, highlighted that Cláudio Castro’s resignation occurred when there were already two votes for his impeachment and, for this reason, the resignation had an electoral reason. He therefore defended direct election as well. “I need to remember that the resignation was made during the revocation trial. The reason for the vacancy is a result of the TSE’s judgment. It is an electoral cause”, he said.
Paulo Gonet, Attorney General of the Republic,. “Resigning from office in the midst of the TSE trial expresses a maneuver to escape the legal consequences of the facts being judged by the Electoral Court,” he argued.
How the ministers voted
The minister Cristiano Zanin voted in favor of direct elections. Already Luiz Fux voted against and considers that the Assembly should elect its new president.
The minister added that, once elected by the votes of state deputies, he will be interim governor until the new occupants of the position are elected. “It would be inconceivable that in a space of less than six months the population of Rio de Janeiro would be called to two elections, at enormous financial cost to the Electoral Court,” he argued.
Fux also defended that the STF cannot reevaluate facts already analyzed by the Electoral Court nor presume fraud in the governor’s resignation without an adequate procedural route.
After the votes of the two magistrates voting has closed and will resume on Thursday (8) with the vote of minister Flávio Dino. So far, the score is one vote in favor of direct elections and one against.