Minister Zanin will be relator of PSD's action on second round in RJ

The minister Cristiano Zanin, of Supremo Tribunal Federal (STF), will be the rapporteur of the action of the PSD that tries to re-establish the second round of the election for governor of Rio de Janeiro between Douglas Ruas (PL) and Eduardo Paes (PSD). The process was distributed to the minister on Friday (16), at 5:45 p.m. Argument of Non-compliance with Fundamental Precept (ADPF) 1362 was registered by the national directory of the party of Paes on Wednesday (14).

The legend asks, in a preliminary nature, the suspension of the re-electing of the votes that confirmed the victory of Ruas in the first round and the resumption of the dispute, initially scheduled for October 25.

The distribution defines who will be responsible for analyzing the process. The document does not bring a decision on the PSD's request. According to the deadline for receiving the STF case, the action was referred to Zanin for prevention — a rule that directs the case to a rapporteur because of another related case.

Minister has already denied the previous request

Minister Zanin had already denied a previous request from the Paes coalition to guarantee the second round. At the time, the minister understood that there was still no extraordinary appeal filed or admissibility analysis by the Superior Electoral Court (TSE). The new action questions the withdrawal of Anthony Garotinho (Republicans) votes from the calculation base used to define the need for a second round.

Garotinho received 274,411 votes, but his candidacy was rejected by TSE. With the annulment of those votes and the re-electing made by the Regional Electoral Court of Rio (TRE-RJ), Douglas Ruas went from 49.27% to 50.88% of the valid votes and had the victory in the first round confirmed on Saturday (10). The PSD maintains that the votes of Garotinho should continue to be considered in this calculation because he was in the ballot box and participated in the election, even with the registration of the candidacy rejected.

Argument of the PSD

The party argues that the exclusion of these votes violates the constitutional requirement of an absolute majority for the election of governors. In the interpretation of the legend, only blank and null votes should be taken from the base used to define the realization of a second round. Boy contested the election with the application registration rejected and an appeal pending on TSE. After the vote, he asked to give up this appeal — a move that Paes described as a “maneuver” to benefit Ruas.

On October 8, the TSE rejected the resignation, but maintained the rejection of the candidacy and ordered the annulment of the former governor's votes, by five votes to two. The decision of the TSE was the stepping stone for the retouching that altered the result. Now, PSD seeks to reverse this understanding in the STF.

Next steps

With the report set, Zanin will be able to review the request for an injunction at any time. There's no trial date yet. The case can be taken to the virtual or physical plenary, depending on the rapporteur’s decision. The source did not detail any additional deadlines or procedures.

The outcome of the action will have a direct impact on the definition of the governor of Rio de Janeiro. If the second round is re-established, voters will return to the polls on October 25. Otherwise, Streets will be confirmed governor. The legal dispute remains open.

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