A decision by Minister Gilmar Mendes interrupted one of the most anticipated trials on this year's political and legal calendar on Thursday (28). The magistrate requested a review of the process that discusses changes to the ineligibility periods of the Clean Record Law, temporarily suspending the analysis of the case in the Federal Supreme Court.
The trial could have a direct impact on the electoral situation of several politicians convicted by the courts, including former Rio de Janeiro governor Sérgio Cabral, former governor Anthony Garotinho, former federal deputy Eduardo Cunha, and former governor of the Federal District José Roberto Arruda.
What is under discussion
The lawsuit was filed by the Sustainability Network against Complementary Law No. 219 of 2025.
The rule changed the way ineligibility periods are calculated. Under the new rule, the period is now counted from the conviction, and no longer after the sentence has been served.
Furthermore, the legislation unified the maximum period of ineligibility at 12 years for different types of convictions involving administrative misconduct and other crimes stipulated in electoral law.
The score was unfavorable.
Before the trial was interrupted, two justices had already voted against the changes brought about by the new law.
The rapporteur for the case, Cármen Lúcia, expressed her opinion that the amendments were unconstitutional. This view was shared by Justice Luiz Fux.
With Gilmar Mendes' request for a review, the trial was suspended and there is no set date for its resumption.
Possible electoral impact
The Supreme Court's decision could have important consequences for the 2026 election landscape.
If the Court fully validates the changes approved by the National Congress, politicians currently barred from running for office may have their situation reviewed.
Among the names frequently mentioned in debates on the subject are Sérgio Cabral, Anthony Garotinho, Eduardo Cunha, and José Roberto Arruda, all of whom at some point were affected by the ineligibility rules stemming from the Clean Record Law.
How long will the trial remain stalled?
According to the rules of the Supreme Federal Court (STF), a request for review grants the minister up to 90 days to return the case to the full court.
However, the proceedings may undergo further developments. Another minister may still request a separate hearing, transferring the judgment from the virtual plenary to the physical plenary of the Court.
If this happens, the voting would start all over again, further increasing the uncertainty surrounding the issue.
The suspension increases the possibility that the Supreme Court will conclude the trial in the midst of the pre-election period or even during the 2026 campaign.
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