The Brazilian Supreme Court is set to deliberate on Wednesday, April 8, on two significant actions concerning the gubernatorial election process in Rio de Janeiro. These actions, initiated by the Social Democratic Party (PSD), will address whether the election should be conducted directly by the public or indirectly through state legislators. This debate arises following the resignation of the elected governor, Cláudio Castro, who stepped down on March 23, just before the Superior Electoral Court (TSE) ruled to annul his mandate and impose an eight-year ineligibility due to political and economic misconduct during the 2022 elections.
Currently, the state is under the interim leadership of Ricardo Couto, the president of the Tribunal de Justiça, due to the absence of a vice-governor. Thiago Pampolha, the former vice-governor, vacated his position in May 2025 to join the Tribunal de Contas do Estado. The political landscape further complicated when Rodrigo Bacellar, the president of the Rio de Janeiro Assembly, was arrested and subsequently disqualified by the TSE.
The core of the Supreme Court’s analysis will focus on the electoral model—whether it should be a direct election involving public participation or an indirect one conducted by state deputies. The PSD argues for a direct election, citing the electoral nature of Castro’s mandate annulment. Conversely, the state’s law supports an indirect election, which the TSE initially indicated would occur. The court’s decision will clarify the applicable legal standards, balancing state legislation against the Electoral Code, which mandates direct elections if a vacancy occurs more than six months before the term’s end due to electoral issues.
The Supreme Court’s ruling will establish the legal precedent for handling similar electoral vacancies, potentially affecting the democratic process and governance stability in Rio de Janeiro. The decision will also address the legality of the indirect election rules, including candidate disqualification timelines and whether the voting process should be open or secret.
