Understand the reasons for canceling the indirect election of Ruas in Alerj

The Rio de Janeiro Court annulled the session that elected state deputy Douglas Ruas (PL) as president of Alerj, held this Thursday afternoon (26). The preliminary decision was handed down by judge Suely Lopes Magalhães, who pointed out a series of irregularities in the process. The main point considered by the judge was the failure to comply with the TSE’s decision, which had determined the retotalization of votes after the revocation of the mandate of the then President of the House, Rodrigo Bacellar. According to the decision, the internal election could only take place after this recount, which could change the composition of parliament.

Despite this, Alerj held the vote early. For Justice, the House recognized only part of the electoral decision, by admitting the position was vacant, but ignored the need to redefine the electoral college before choosing the new president.

“The logical chronology to be observed when complying with the Electoral Court’s decision is unequivocal: first retotal the votes, to ensure the legitimacy of the composition of the Legislative House, and only then trigger the electoral process”, highlighted the judge in the decision.

She highlighted that this inverted sequence compromises the legitimacy of the process. This is because the retotalization can change who the deputies are able to vote, directly influencing the result of the internal election.

Another sensitive point raised in the decision is the institutional impact. The judge highlighted that the choice of the president of Alerj is not just an internal issue, as the position has direct effects on the state government’s line of succession. With Ruas’ election, he temporarily assumed command of the state for a few hours.

Given the scenario, the Court understood that there was a risk of undue interference in the definition of who could hold the position of governor, which reinforced the need to immediately suspend the effects of the session.

“The proposed maneuver involves the compliance – apparently distorted – of a decision of the Superior Electoral Court and a potential interference in the body of voters who will choose, by internal suffrage, the public agent responsible not only for the Presidency of the Legislative Assembly, but, ultimately and continuously, for the Government of the State of Rio de Janeiro itself”, added Magalhães.

The decision also took into account the urgency of the case and the institutional relevance of the process. As a result, all acts of the extraordinary session were suspended, including the election and its consequences.

The measure responds to actions filed by political opponents, including the mayor of Rio, Eduardo Paes (PSD), who questioned the legality of the vote.

With the annulment, Alerj’s command and, consequently, the state government’s line of succession return to their previous status, until the TSE’s determination is fully complied with, starting with the retotaling of votes.