The PSB asked this Thursday (12) to join a process at the TSE that discusses the holding of a second round for the Rio de Janeiro government.
The party supports Eduardo Paes' coalition. The party argues that Anthony Garotinho's 274,411 votes should be included in the count.
This Thursday (12), Minister Cristiano Zanin, from the STF, denied the PSD's injunction request to reinstate the second round, keeping Douglas Ruas elected.
Douglas Ruas obtained 49.27% in the original count. He reached 50.88% and was proclaimed elected after the TRE-RJ excluded Garotinho's votes in October.
The Brazilian Socialist Party (PSB) asked this Thursday (12) to enter the process that discusses the holding of a second round in the election for the Government of Rio de Janeiro. The party wants to act alongside the coalition of Eduardo Paes (PSD), which questions the decision of the Superior Electoral Court (TSE) to proclaim Douglas Ruas (PL) elected in the first round.
In the request sent to Minister Floriano de Azevedo Marques, from the TSE, PSB Nacional requests entry into the process as a simple assistant or, alternatively, as an interested third party.
The party also requests that the embargoes for declaration presented by Paes' coalition be accepted, with modifying effects, so that the Electoral Court determines the holding of the second round.
The main argument is that the 274,411 votes received by Anthony Garotinho (Republicans) should not have been excluded from the calculation of the absolute majority required by the Constitution for the election of governor in the first round.
According to the PSB, there is a difference between votes annulled by the voter's own decision and those that are later invalidated by the Electoral Court because of the candidate's legal situation.
The party argues that the voters who chose Garotinho made a political demonstration and that these votes could not be equated to the blank and invalid votes provided for in the Constitution.
The document also states that Garotinho participated in the campaign, had access to electoral resources, appeared in the electronic ballot box and participated in debates. For the party, voters could not be harmed by a judicial decision taken after the vote.
The caption also cites demonstrations by artists, opinion articles and a petition calling for the second round, which, according to the document, already exceeded 300,000 signatures.
The movement occurs on the same day that Minister Cristiano Zanin, of the Federal Supreme Court (STF), denied an injunction presented by the PSD to reinstate the second vote.
When analyzing the request, Zanin considered, on a preliminary basis, that the action presented to the Supreme Court should not be used as a substitute for the resources provided for in the electoral process, which still has questions pending at the TSE.
Zanin's decision did not analyze the merits of the discussion about the counting of Garotinho's votes nor did it end the processing of the action in the STF. The minister ordered the process to continue. But, with the preliminary decision, Ruas remains as governor elected in the first round.
PSB's new request to the TSE may meet one of Zanin's points by denying the injunction. In the order, the minister had said that the result could be followed in the original electoral process.
The PSD asked the Supreme Court to suspend the effects of the decision of the Superior Electoral Court (TSE) that confirmed the rejection of the candidacy of Anthony Garotinho (Republicans) and annulled the 274,411 votes he received.
The exclusion of these votes from the count made Ruas exceed half of the valid votes, the percentage necessary to win in the first round.
The PSD Nacional said this Thursday (12) that it "will await the judgment on the merits of the ADPF and remains confident that, in the absence of an absolute majority of votes in the first round, the people of Rio de Janeiro must choose their governor in the second round, as provided for in the Federal Constitution."
The Paes coalition said it awaits the judgment of the appeal in the TSE and the merits of the ADPF in the STF.
Why Zanin denied the injunction
In a preliminary analysis, Zanin considered the use of an Allegation of Non-Compliance with a Fundamental Precept (ADPF) to contest the TSE's decision inappropriate while the discussion remains open in the electoral process.
The minister cited appeals that, according to information from the TSE mentioned in the decision, were still awaiting judgment at the Electoral Court.
"That being said, for now, I deny the injunction request," wrote Zanin, who ordered the action to proceed.
The PSD maintains that votes for Garotinho should continue on the calculation basis used to define whether there would be a second round, because his name was on the ballot and voters expressed a choice.
The party initially asked for the dispute to take place on October 25th, the date scheduled in the electoral calendar, or on another date defined by the TSE before the diploma.
How Ruas was elected in the first round
In the counting on October 4, Ruas had 49.27% of the votes, and Paes came in second, with 42.76%. Four days later, the TSE confirmed the rejection of Garotinho's candidacy and ordered the exclusion of his votes from the calculation.
The Regional Electoral Court of Rio de Janeiro (TRE-RJ) re-counted on October 10th. With the reduction in the total number of valid votes, Ruas reached 50.88%, and Paes, 44.16%. On October 15, TRE-RJ approved the new result and proclaimed Ruas elected in the first round.
