Garotinho's defense asks the TSE to authorize candidacy claiming end of ineligibility

In the appeal, the lawyers ask the TSE to authorize the candidacy and maintain that the suspension of Garotinho's political rights resulting from a conviction for administrative improbity would have already ended before the first round, scheduled for Sunday (4).

The defense also argues that the period of ineligibility would have already ended.

The ordinary appeal was filed against the decision of the TRE-RJ that maintained the denial of Garotinho's registration. The defense asked that the case be sent urgently to the TSE.

While the appeal is pending, Garotinho remains with the candidacy sub judice. The candidate's name and photo will be on the ballot box, and he or she will be able to receive votes. The validity of these votes, however, will depend on the final decision of the Electoral Court.

Anthony Garotinho at a press conference this Thursday morning (24) — Photo: Reproduction/TV Globo

Suspension ended before the election, says defense

One of the main points of the appeal is the date from which the eight years of suspension of Garotinho's political rights should be counted.

The TRE-RJ considered the start of the suspension to be July 11, 2025 and projected the end to July 11, 2033. The defense disputes this interpretation.

The lawyers maintain that the correct milestone would be August 1, 2018. According to the appeal, on that date the deadline for the exceptional appeals route to have been validly established was over.

The defense argues that subsequent appeals were definitively inadmissible and that this would have an effect on the definition of the final and unappealable date.

Under this interpretation, the eight years of suspension would have ended on August 1, 2026.

The defense also presents a second hypothesis. During the process, there were two periods in which provisional decisions suspended the effects of the conviction, totaling 51 days. Even if this period is added to the eight years, according to lawyers, the suspension would end on September 21, 2026, even before the election.

The appeal also questions Garotinho's ineligibility resulting from his conviction for administrative improbity.

The defense requests that a change promoted by Complementary Law 219/2025 be applied. According to lawyers, under the new rules, the period of eight years should be counted from the date of conviction by a collegial body.

The appeal itself records that the TRE-RJ ruling recognized that, if this discipline were applied, the ineligibility would have ended on May 8, 2026. The divergence lies in the constitutionality of the new rule.

The defense asks the TSE to reform the decision that removed this rule and recognize the end of ineligibility on May 8.

Membership of the Republicans

Another point questioned by the defense is Garotinho’s party affiliation.

The TRE-RJ recognized that the Republican membership was registered on March 22, 2024, but considered that it would be null and void if the conviction was considered to have taken place in 2018. The court also understood, alternatively, that the link would not meet the minimum period required before the election.

The defense argues that the affiliation was officially treated as regular during the processing of the appeals and asks that the TSE preserve its validity and effects since March 2024.

TRE kept candidacy blocked

On Tuesday (29), the TRE-RJ unanimously rejected an appeal presented by Garotinho and maintained the denial of registration.

The appeal asked the judges to reevaluate alleged omissions and contradictions in the September 16 decision that had barred the candidacy.

One of the main reasons for the rejection was the understanding that Garotinho's political rights are suspended until 2033 due to his conviction for administrative misconduct.

In the appeal presented now, the defense challenges the grounds that remained after the embargoes were judged: the suspension of political rights, the effects on party affiliation and the ineligibility resulting from the conviction for dishonesty.

What happens to Garotinho's votes?

Garotinho proposes an end to automatic approval in state schools in RJ — Photo: Reproduction TV Globo

While there is an appeal pending at the TSE, Garotinho remains a sub judice candidate. This means that you will be able to appear normally at the ballot box and receive votes.

According to the TRE, votes given to candidates with rejected registration and pending appeal are considered nullified sub judice. If the decision is reversed, they could be validated. If the rejection becomes definitive, they will not be considered valid.

If there is no favorable decision from the TSE by Sunday, therefore, the votes given to Garotinho will not initially be validated.

If another candidate obtains more than 50% of the valid votes in the first round, he will be considered elected.

If Garotinho receives the most votes, the announcement of the result will depend on the TSE's decision on his registration.

And, if a second round begins without Garotinho and, subsequently, the TSE authorizes his candidacy in a situation in which the number of votes obtained by him would give him the right to contest this stage, a new election will be necessary.

Defense requests urgent decision

In addition to recognizing the end of the suspension of political rights and ineligibility, the defense requests that the registration of the candidacy be immediately granted.

If the TSE understands that information is still needed to decide, lawyers alternatively request further steps to obtain documents on the processes related to the conviction.

The appeal also requests, as a matter of urgency, the maintenance of the rights associated with the sub judice candidacy, including access to party resources, free electoral propaganda and the retention of Garotinho's name on the ballot box.

The defense argues that the proximity of the first round increases the risk of harm to the candidacy.

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