O "Governador-Tampão": o que levou Alagoas a realizar eleição indireta em 2022?

Abstract

The present study aims to analyze the political and legal context that led the State of Alagoas to hold an indirect election for the positions of Governor and Vice-Governor in 2022, as well as to promote reflections on the impacts of the Alagoas electoral process. The research examines aspects related to resignation requirement for electoral eligibility and the double vacancy of the Executive Branch, as well as the concept of the so-called “caretaker government” (“mandato-tampão”) highlighting the constitutional provisions and electoral norms applicable to the case. Furthermore, a comparative analysis is conducted on the legislative models adopted by all federative units in Brazil to regulate similar situations, contrasting them with the framework established by the 1988 Federal Constitution. The study also explores specific rulings from the Brazilian Federal Supreme Court that impact the matter and contribute to the legal interpretation of the analyzed case. Additionally, based on the legal framing of the events that triggered the indirect election discussed throughout the text, the study examines the governmental transition process that took place specifically in the State of Alagoas, as well as the controversies that arose from the case, highlighting the challenges in applying these rules and their implications for the Brazilian context, in addition to possible alternatives that could help mitigate the social, political, and legal instability experienced by that federative unit.