The MPE (Public Electoral Ministry) asked the (Superior Electoral Court) to formally recognize the revocation of ()’s diploma as a result of the trial regarding the former governor of Rio de Janeiro.
The TSE was ineligible for abuse of power in the 2022 electoral campaign, but the ruling cites that of the then governor on the eve of the trial. In the appeal, the MPE says that he made a maneuver to try to get rid of the electoral punishment.
The lack of clarity in the TSE’s judgment generated a dilemma about which should be —direct, with the participation of the population, or indirect, in which the choice is made by Alerj (Legislative Assembly of Rio de Janeiro).
According to the thesis supported by the electoral deputy attorney general, Alexandre Espinosa, the new election must be direct, as the vacancy in the position was due to electoral reasons. But, as the TSE ruling does not mention cassation, there is scope for holding indirect elections.
As shown by the Sheetwas to avoid direct election and guarantee voting for Alerj, where he would have more political influence over the choice of his successor.
The case is also being discussed at the (Federal Supreme Court). Four ministers (, , and ) understand that Alerj must elect the new governor. diverged. requested a review and the trial was suspended for up to 90 days.
Meanwhile, the judge, president of the TJ (Court of Justice) of Rio, is in charge of the state. By decision of the Supreme Court, he will remain in office until the court concludes its judgment on the format of the new election.
The Electoral Prosecutor’s Office states that, in the TSE’s judgment, there was a majority of votes for the revocation of the diplomas, with only the loss of mandates being affected, since the then governor had already resigned.
According to Espinosa, resignations do not remove electoral sanctions, under penalty of “rewarding the procedural strategy of emptying the legal consequences of the illicit” and creating a shielding instrument. He signaled that he will go to the STF if the problem is not resolved.
Castro was convicted of committing fraud in 2022, when he allegedly used the State machinery to hire civil servants who, in practice, would act as his electoral campaigners in that year’s campaign.
In a statement, Castro says that he received the TSE’s decision to condemn him with “nonconformity”. “I reiterate my absolute respect for the TSE ministers and due legal process, but it is important to say that all the accusations raised in the process refer to issues prior to the 2022 electoral period and had no influence on the significant vote I received.”
