In the latest development on Rio de Janeiro's anticipated indirect election for an interim governorship, STF Justice Luiz Fux suspended on March 18 parts of a new law passed by the Legislative Assembly (Alerj). The ruling, responding to a PSD challenge, addresses rules for the vote triggered by Governor Cláudio Castro's (PL) potential resignation to run for Senate, citing unconstitutionality due to state violence and tight deadlines.
Following months of political maneuvering and debates over succession—intensified by Alerj leadership changes and clashes between Castro allies and figures like Senator Flávio Bolsonaro—Justice Luiz Fux suspended sections of the Alerj law that mandated open, roll-call, and in-person voting, along with a 24-hour deadline for candidates to resign positions. This election would fill the governorship vacancy if Castro steps down in early April for his Senate bid, with the interim leader serving until October.
The PSD filed the challenge on March 13, arguing unconstitutionality, and Fux granted a preliminary injunction. The full STF will review it soon. Fux argued that while precedents favor open voting for accountability, Rio's extreme violence—marked by organized crime, drug traffickers, and militias infiltrating politics—necessitates secret ballots to protect lawmakers' independence. “Although open voting allows greater accountability of parliamentary actions to the electorate, secret voting has the benefit, in certain cases, of ensuring greater independence and autonomy of local Legislative Power members, to avoid coercion attempts through rewards or sanctions, as it makes counter-proof of the vote impossible. These considerations should carry more weight in an environment of proliferating organized crime […] with the expansion of drug trafficking groups and armed militias, including penetration into the political sphere,” Fux wrote. He also ruled the 24-hour deadline “manifestly incapable” of ensuring equal opportunities and fairness.
