Brazil's TSE upholds annulment of Garotinho votes ahead of Rio election

Brazil's Superior Electoral Court (TSE) has upheld a ruling that votes cast for Anthony Garotinho in Sunday's Rio de Janeiro gubernatorial election will be classified as "annulled sub judice." Minister Floriano de Azevedo Marques revoked a previous injunction that had guaranteed Garotinho candidate privileges, including access to campaign funds and free airtime.

The decision comes two days before the first round of voting. Garotinho's name will still appear on the electronic ballot, but the court determined his votes cannot be considered valid for any purpose while his candidacy registration remains rejected by the Regional Electoral Court (TRE-RJ).

“Even with the candidate's name on the electronic ballot, votes destined for him must not be considered valid for any purpose.”

On Saturday, Minister Sebastião Reis rejected a habeas corpus-style writ of mandamus filed by Garotinho's defense seeking to restore his candidacy. Reis ruled the legal instrument was inappropriate because the decision is appealable and showed no flagrant illegality.

Garotinho denounced the process as biased in favor of rivals Eduardo Paes and Douglas Ruas during a press conference. He admitted uncertainty over whether his votes would count toward the threshold for a runoff, blaming the judiciary for the confusion.

The TSE plenary is expected to rule on an ordinary appeal against the TRE-RJ's ineligibility ruling early next week. The outcome could determine whether the election is decided in the first round or proceeds to a runoff.