The Superior Electoral Court (TSE) has published the official judgment rendering the former governor of Rio de Janeiro, Cláudio Castro (PL), inelegible. While the court confirmed his inelegibility, the document specifies that his mandate was not cassated because Castro resigned from office just before the final decision was reached.
Broad Legal Penalties and Fines
The Court’s decision extended beyond the former governor. By majority, the TSE also declared the partial inelegibility of Rodrigo Bacellar, the former president of the Legislative Assembly of the State of Rio de Janeiro (Alerj), and Gabriel Rodrigues Lopes, the former president of Ceperj.
Castro, Bacellar, and Lopes were each handed fines of R$ 100,000. Thiago Pampolha, a counselor of the TCE and former vice-governor, received a fine of R$ 5,000 in his capacity as a beneficiary.
The Battle Over the Next Governor
The TSE judgment mandates new state elections to determine a new governor for Rio de Janeiro, though it does not specify if the vote will be direct or indirect. The document also calls for a retotalization of votes for state deputy, excluding those attributed to Rodrigo Bacellar.
The Supreme Federal Court (STF) is currently analyzing two actions regarding the “tampão” (stopgap) mandate. Minister Flávio Dino had previously suspended the proceedings, awaiting the TSE’s official acórdão to clarify if Castro’s exit was due to electoral causes—which would require a direct popular vote—or a valid resignation, which could allow for an indirect election by Alerj.
With the publication of the judgment, the STF is likely to resume its deliberations. Currently, four ministers (Luiz Fux, Cármen Lúcia, André Mendonça, and Nunes Marques) favor an indirect election, while Minister Cristiano Zanin is the sole vote for a direct election.
An Unprecedented Succession Crisis
The current interim governor, Ricardo Couto, president of the TJRJ, took office on March 23 following a series of vacancies. This followed the resignation of Thiago Pampolha to run for a seat at the TCE, and the subsequent cassation of Rodrigo Bacellar.
The investigations into Castro and Bacellar centered on the misuse of public machinery during the 2022 elections, specifically involving the distribution of public funds and the hiring of campaign workers through the Uerj and the Ceperj foundation.
Bacellar faces further legal trouble, having been denounced by the PGR (Procuradoria-Geral da República) for obstructing an investigation into the Comando Vermelho. He and former state deputy Thiego Raimundo dos Santos Silva (known as TH Joias) are accused of leaking police operation details to criminal leaders.
Power Struggles in Alerj
Douglas Ruas (PL), an ally of Castro, was elected president of Alerj on the 17th after a previous election was annulled by the STF. The initial vote had been boycotted by the opposition, citing fear of retaliation due to the open voting format.
Ruas has already attempted to challenge the current leadership structure. He recently met with STF Minister Cristiano Zanin to seek a reversal of the decision that placed Ricardo Couto as interim governor, following a formal request from Alerj for Ruas to assume command of the Palácio Guanabara.
Frequently Asked Questions
Why was Cláudio Castro not cassated despite being made inelegible?
According to the TSE acórdão, he was not cassated because he resigned from the governorship on March 23, just before the court’s decision was finalized.
Who is currently governing the state of Rio de Janeiro?
The president of the Tribunal de Justiça do Rio de Janeiro (TJRJ), Ricardo Couto, is serving as the interim governor.
What are the different possibilities for the next gubernatorial election?
The STF must decide if the election will be direct (via popular vote) or indirect (conducted by the Alerj), depending on whether Castro’s departure is legally viewed as an electoral cause or a valid resignation.
Do you believe an indirect election by the legislature is the most stable solution for Rio de Janeiro’s current political vacuum?
