The ruling published by the TSE (Superior Electoral Court) on Thursday night (23) defined that there was a majority for the understanding that the revocation of the mandate of the former governor of () was invalidated by the resignation on the eve of the ineligibility trial, on March 23.
The decision detailed in the document unlocked the agenda in the (Supreme Federal Court) that discusses whether the new election for the Rio government will be direct or indirect. The president of the Court of Justice of Rio de Janeiro, Ricardo Couto, is the .
The report sought, through telephone calls, the defenses of Cláudio Castro, Rodrigo Bacellar and Thiago Pampolha, but there was no response until the publication of the text.
The minister interrupted the trial on the matter on the 9th, requesting a review. He stated that he preferred to vote after the publication of the ruling. According to him, the document is crucial to define whether the election for the buffer mandate should be direct, by popular vote, or indirect, by state deputies.
Last in the line of succession, the judge began to command the state because former deputy Thiago Pampolha had left office last year and the then president of Alerj, (), was away due to the investigation into leaked information about an operation against a former deputy linked to Comando Vermelho.
The president of the TSE, STF minister Carmen Lúcia, voted for the understanding that the revocation of Castro’s mandate was jeopardized by the resignation. The president was accompanied by minister Estela Aranha and ministers Antonio Carlos Fereira, André Mendonça and Floriano de Azevedo Marques.
Former minister Isabel Galloti, who was the rapporteur of the case at the TSE, had voted at the time for immediate impeachment, but did not participate in the trial on the prejudice to the revocation of the mandate because she was not a member of the court at the time of the former governor’s resignation — she left the court in November last year, and Castro resigned in April.
The electoral action originated with the call, in June 2022. The case refers to the use of Uerj (University of the State of Rio de Janeiro) and the Ceperj Foundation to pay social project employees in cash and without disclosing their names.
An investigation by Rio discovered cash withdrawals from the “teller’s mouth”. In total, R$248 million were withdrawn from bank branches by tens of thousands of people who were part of the alleged scheme. Hiring was only interrupted in August, after public civil action by the state Public Ministry.
Cláudio Castro as governor on March 23rd. The following day, by 5 votes to 2, the (Superior Electoral Court) ruled ineligibility.
State deputy Rodrigo Bacellar (União) had his mandate and diploma revoked; former vice-governor Thiago Pampolha, now an advisor to the TCE (State Audit Court), also had his mandate revoked due to his resignation, according to the electoral court’s understanding.
The state government’s still undefined scenario until the end of the year opened gaps for legal disputes.
On Thursday (23), the now elected president of Alerj (Legislative Assembly of Rio de Janeiro) Douglas Ruas (PL), pre-candidate for governor, filed a request with the STF to immediately take over the government. The pre-candidate for governor filed requests this Friday to try to invalidate Ruas’ request.
