The political future of those convicted of administrative misconduct who intend to run in the 2026 elections currently depends on a decision stalled in the office of Justice Cármen Lúcia at the Supreme Federal Court (STF).
For four months, the Direct Action of Unconstitutionality (ADI) No. 7781, which questions..., has been awaiting analysis by the magistrate. the validity of Complementary Law No. 219/2025, approved by the National Congress to make aspects of the Clean Record Law more flexible..
According to information from the portal MetropolisThe rule has opened loopholes that allow politicians previously barred from running for office to once again contest elections. Among the names potentially benefiting are former Rio de Janeiro governor Anthony Garotinho, former Speaker of the Chamber of Deputies Eduardo Cunha, and former governor of the Federal District José Roberto Arruda.
The case is considered strategic for the 2026 election scenario and is already causing apprehension among political parties, legal experts, and members of the Public Prosecutor's Office.
The law relaxed the Clean Record Law.
The new legislation was approved by Congress in 2025 and amended provisions that tightened the ineligibility conditions stipulated in the Clean Record Law.
In practice, the change reduced restrictions imposed on politicians convicted of administrative misconduct and other irregularities, allowing certain cases to be re-examined under more lenient rules.
The Sustainability Network party, which filed the lawsuit with the Supreme Federal Court, is requesting the immediate suspension of the rule, arguing that the relaxation threatens the integrity of the electoral process and could compromise constitutional principles related to administrative morality.
When filing the lawsuit, the party highlighted the proximity of the 2026 elections and argued for the need for a swift decision from the Court.
The lawsuit was filed with the Supreme Court in November 2025.
On January 6th of this year, the Attorney General's Office expressed its support for granting a precautionary measure to overturn sections of the new law.
Since then, the process has been concluded and is awaiting a decision from Minister Cármen Lúcia.
The minister's delay is back at the center of the debate.
The slow pace of the case's processing has reignited criticism regarding Cármen Lúcia's delay in scheduling cases considered politically sensitive.
Behind the scenes in legal and political circles, the minister is seen as a magistrate with a cautious and frugal profile, but the delay in releasing certain cases for judgment has begun to generate public questioning.
One of the frequently cited examples is the process involving the ineligibility of the former governor of Roraima, Antonio Denarium, which remained stalled for about a year in the Superior Electoral Court (TSE).
Another case that has resurfaced is the lawsuit related to the redistribution of oil royalties.
In March 2013, Cármen Lúcia granted a preliminary injunction suspending sections of the law approved by Congress that altered the criteria for distributing oil and natural gas royalties among states and municipalities.
Thirteen years later, the case has still not been brought before the full Supreme Court for a final ruling, making it one of the oldest pending cases in the minister's office.
The electoral impact could be widespread.
Maintaining the new law could trigger a chain reaction in the national political landscape.
In addition to well-known figures in Brazilian politics, the relaxation of the rules could benefit hundreds of convicts currently barred from running for office under the existing rules until September 2025.
The expectation is that the Supreme Court's decision will have a direct impact on the formation of slates for the 2026 elections, especially in states where leaders affected by the Clean Slate Law still maintain political capital and party influence.
While the Supreme Court has not yet made a decision, political parties and prospective candidates are closely following the case, given the possibility of significant changes to the eligibility requirements for the next election.
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