The minister of STF (Federal Supreme Court) Carmen Lucia It took four months to carry out the process of impeachment of the governor of Rio de Janeiro, Cláudio Castro, on trial in TSE (Superior Electoral Court) after it was released for plenary analysis.
As president of the Electoral Court, she is the one who decides the agenda for trials.
This week, when exchanging barbs with minister Gilmar Mendes about the time it took the TSE to judge In the case, Cármen reacted and stated that she acted quickly. According to her, as soon as Minister Isabel Gallotti, then the case’s rapporteur, released the case, it “immediately was placed (on trial)”.
The court’s own data, however, contradict the judge.
Gallotti released the case for trial on June 27th. Cármen Lúcia only took it to the vote on November 4th.
The column contacted the minister through the STF’s advisory services, but has not yet received a response.
The argument between her and Gilmar Mendes occurred when the Supreme Court was deciding whether, with the resignation of Claudio Castro on the eve of the trial of his revocation at the TSE, the election to replace him will be direct or indirect.
Mendes stated that the slowness of the trial at the TSE would have led to “perplexities” and “doubts” that today make it difficult for STF ministers to decide on the elections.
The confusion arose because Rio de Janeiro state law determines indirect elections when the positions of governor and vice-president are vacant, when a representative leaves office by choice.
When he is impeached, the elections are direct.
Castro left, in theory, by choice. But as he did this on the eve of the TSE trial, the PGR (Attorney General’s Office) concluded that he left his position, in fact, because he would be impeached.
The election, therefore, should follow the rules of cassation, with direct elections.
For Mendes, if the TSE process had not taken so long, these doubts would have already been resolved and the elections would have even been held.
The decision on the election in Rio was postponed following a request from Minister Flávio Dino. The score was 4 to 1 in favor of indirect elections.
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