Rio Court of Justice annuls session that elected Douglas Ruas president of Alerj

The Rio de Janeiro Court annulled, on Thursday night, the session that had elected deputy Douglas Ruas (PL) as the new president of the Legislative Assembly of the State of Rio (Alerj).

Throughout the day, two writs of mandamus requesting the invalidation of the election arrived at the Rio Court of Justice (TJRJ) — one presented by the PSD, the party of former mayor Eduardo Paes, pre-candidate for state government, and the other by the PDT.

The two requests were analyzed by the 1st Vice-President of the court, Suely Lopes Magalhães. It was her decision that halted the effects of the session held at the drop of a hat that approved Ruas.

Magalhães is acting president of the TJRJ, since judge Ricardo Couto, holder of the post, temporarily occupies the state government after the resignation of Cláudio Castro (PL).

As Rio finds itself without a vice president since Thiago Pampolha became an advisor to the State Court of Auditors (TCE), it would be up to the president of Alerj to take over the chair.

However, Rodrigo Bacellar (PL) was removed from office after being the target of a police operation and subsequently had his mandate revoked.

With this, Ruas would inherit the Guanabara Palace until the indirect election for the buffer mandate, scheduled to take place within 30 days.

The former Secretary of Cities, however, only spent just over three hours as president of Alerj. With the annulment, he did not even formally assume the state government, since there was no publication in the Official Gazette.

The decision by judge Suely Lopes Magalhães, of a preliminary nature, suspended all decisions and acts of the 2nd Extraordinary Session of Alerj.

The judge considered that the electoral process in the Assembly could only be initiated after the retotalization of votes by the Regional Electoral Court (TRE-RJ), as determined by the Superior Electoral Court (TSE) when revoking Bacellar’s mandate. This is scheduled to take place next Tuesday at 3pm.

“I grant the preliminary measure to immediately suspend the ‘2nd Extraordinary Session’ called for today’s date, as well as any and all subsequent acts aimed at the election for the position of president of the Board of Directors of Alerj. If the electoral process has already been finalized, without the prior retotalization of votes by the TRE — with the definition of the Fluminense Parliament —, I order the SUSPENSION OF THE EFFECTIVENESS OF THE ACTS PERFORMED, maintained in senior management of Alerj, the president who was in office when the process began”, wrote Magalhães.

The post had been occupied on an interim basis by deputy Guilherme Delaroli (PL), an ally of Ruas and responsible for calling the session that elected the supporter.

The acting president assessed that Alerj’s board of directors partially accepted the TSE’s decision, only considering the vacancy in the presidency position, following the revocation of Barcellar’s mandate.

“Apparently, by triggering the administrative election before the necessary retotaling of votes for state deputy — given the revocation of Rodrigo da Silva Bacelar’s mandate —, the Legislative Assembly chose to accept only in part the immediate effects of the ruling recently handed down by the Superior Electoral Court. The vacancy of the position of head of the Legislative Branch — formerly occupied by Rodrigo da Silva Bacelar — was admitted, to the point of initiating the process of choosing the new president, but the loss of the parliamentary mandate itself was not recognized, nor the unpostponable retotaling of votes, which could even culminate in changing the composition of Parliament itself, with the potential emergence of new voters and candidates”, pointed out the judge.

The judge also highlighted that the electoral process initiated by the board of directors, without full compliance with the TSE’s decision, interferes not only in the choice of the new president of Alerj, but also in the definition of who will take over as governor.

“It is important to note that the indicted misuse of purpose far transcends what is commonly called an internal corporis issue. The indicated maneuver involves compliance – apparently distorted – with a decision by the Superior Electoral Court and 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. The urgency inherent to the species and the institutional relevance of the administrative electoral process in screen strongly recommend the approval of the plan, unprecedentedly altering part, of the requested advance protection”, he concluded.

Judge Suely Magalhães also reiterated that, before the election begins, it is necessary to retotal the votes to allow the official composition of the Alerj electoral college to be defined, capable of participating in the process of choosing the new president of the House: “The logical chronology to be observed in complying with the decision of the Electoral Court is unequivocal: first retotal the votes, to ensure the legitimacy of the composition of the Legislative House and, thus, the health of the electoral college and the upcoming internal vote; and only then can the electoral process be launched”.

When the election of Douglas Ruas in Alerj was confirmed, judge Ricardo Couto, acting governor, was going to an event scheduled with President Luiz Inácio Lula da Silva (PT), in Rio. Interlocutors claim that he was taken by surprise. Before, they report, he met with Delaroli in his office at the TJRJ, in a meeting in which it was agreed that the deadline determined by the TSE would be met, which did not happen.