TSE decides future of Garotinho and election in Rio
The TSE is analyzing on Thursday (8) Garotinho's request to withdraw his appeal against the rejection of his candidacy. The decision could change the outcome of the Rio governor election, with direct impact on the need for a second round.
The Superior Electoral Court (TSE) on Thursday judged a request that could change the course of the election for governor of Rio de Janeiro. In analysis, there is the request of Anthony Garotinho (Republicans) to withdraw the appeal against the rejection of his candidacy. The decision, under the report of Minister Floriano de Azevedo Marques, can define whether there will be a second round between Douglas Ruas (PL) and Eduardo Paes (PSD).
Boy received 274,411 votes, equivalent to 3.17% of the total. These votes are recorded as “annulled sub judice”, that is, their validity depends on the court decision on the registration of the candidacy. If the TSE approves the application, the votes will be validated; if the rejection is confirmed, they will be definitively voided.
What is void vote sub judice
The term “sub judice” indicates that the candidacy has been rejected, but there is still a legal dispute that could change this situation. The votes are recorded, and their validity is conditioned on the result of the appeal. Márcio Nogueira, president of the OAB of Rondônia and expert in Electoral and Digital Law, explains that these votes cannot be treated as definitely lost.
There is also a difference between a vote being valid and participating in the percentages disclosed in the count. By the general rule of the TSE, votes annulled sub judice enter into the calculation of the percentages presented in the majority election, with indication of their judicial situation. This is not equivalent to the approval of the application.
Impact in the first round
If the votes of Garotinho are validated, they come to integrate the total of valid votes used to verify the absolute majority. This can prevent a victory that would only be possible by deleting his vote. The lawyer and professor of Constitutional Law Diego de Paiva Vasconcelos explains that the effect is on the basis of the calculation of the percentages.
The approval of the registration, however, does not oblige the realization of a second round. If another candidate exceeds half of the valid votes even with the vote of Garotinho included, he can win in the first stage. The source did not detail the current percentages of the other candidates.
Effects on the second round
As a general rule, the sub judice situation of the votes does not prevent the convocation of the plate for the second round. To play the second round, however, does not equate to having the registration approved nor guarantees the recognition of a possible victory. If the collegiate of TSE confirms the rejection between the two votes, Garotinho is prevented from contesting.
The rule provides for the convocation of the next most voted board, usually the third placed in the first round. There is an exception: if the sum of the votes annulled definitely exceeds half of the vote considered by the resolution, new elections should be called, instead of the replacement by the next plate.
Review of already proclaimed results
The declaration of victory does not prevent a review. The resolution provides for a new totalization when a change in the legal situation of the application changes the result, including the possibility of replacing diplomas already issued. If another candidate has been declared winner in the first round, the validation of the votes of Garotinho can withdraw the absolute majority that supported this victory.
This occurs if, with the inclusion of these votes, the percentage of the winner falls to 50% or less. If another candidate has won the second round, it will be necessary to check whether the decision on Garotinho would change the need for that stage or who should have contested it. It is not possible to automatically state that there will be a new vote or replacement of the elected; the Justice will have to define the consequence in the specific case.
The Context of Ineligibility
The ministers are expected to review the decision of the TRE-RJ, which in September declared Garotinho ineligible and suspended from political rights for 8 years. The reason is the conviction for administrative improbity, damage to the erratic and illicit enrichment of third parties. On Friday (2), Minister Floriano de Azevedo Marques revoked the injunction that ensured prerogatives of candidate for the former governor.
The decision of the TSE will have a direct impact on the electoral scenario in Fluminense. The Boca no Trombone portal will continue to follow the unfolding of the case and will bring updates as soon as the trial is completed.
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