Brazil’s electoral court is divided over the eligibility of former Rio de Janeiro Governor Cláudio Castro following allegations of campaign misconduct in the 2022 election. The case centers on claims of abuse of power and illegal campaign funding.
Tribunal Superior Eleitoral (TSE) Minister Nunes Marques voted Tuesday against declaring Castro ineligible, creating a split among the justices. The vote came a day after Castro resigned from his position.
Prior to Marques’ decision, rapporteur Minister Isabel Gallotti and General Counselor Antonio Carlos Ferreira had both voted to remove Castro from office and disqualify him from holding future elected positions for up to eight years. Gallotti also advocated for holding new elections in the state.
The court resumed deliberations after Marques requested more time to consider the case.
In his dissenting opinion, Marques stated, “There is no effective proof of the distribution of goods and services” and that the testimonies presented in the case “lack consistency.” He argued that the alleged irregularities did not demonstrably impact the election’s outcome. “For the configuration of abuse, proof of impact on the electoral process is necessary, which is not verified in this case,” he said.
Marques also questioned the evidence presented, asking, “How could the existence of few testimonies in a universe of 27,000 hires be sufficient to prove the intention to influence the election?”
Despite Castro’s resignation, the TSE will continue to hear the case and a ruling on his eligibility could still be made. The Public Prosecutor’s Office also supports a conviction.
Understanding the Case
The case revolves around allegations of irregular hiring practices at the Fundação Ceperj (State Center for Statistics, Research and Public Service Training of Rio de Janeiro), involving approximately 27,000 temporary positions. Investigations suggest these positions were used to employ campaign workers and bolster Castro’s 2022 reelection bid.
The matter reached the TSE after the Public Prosecutor’s Office appealed a previous decision by the Regional Electoral Court of Rio de Janeiro (TRE-RJ) that had dismissed requests for Castro’s removal from office.
