Brazil's Supreme Court to resume review of 'Clean Slate' law changes

A crucial trial regarding the "Ficha Limpa" law, designed to prevent corrupt politicians from holding office, is set to resume at Brazil's Supreme Court. Justice Gilmar Mendes has reopened the case, which could significantly impact the eligibility of several high-profile convicted politicians.

The trial was halted in May when Mendes requested more time to review the case. It will now be heard in the court's virtual plenary between September 11 and 18. The case centers on recent changes approved by Congress that shorten the period of ineligibility for convicted officials. These changes could allow politicians such as Eduardo Cunha, Anthony Garotinho, Sérgio Cabral, and José Roberto Arruda to potentially run for office again as early as 2026.

“

establish a scenario of clear regression to what had been established as an instrument for guaranteeing republican principles, administrative probity, and public morality.

So far, two justices, the rapporteur Cármen Lúcia and Justice Luiz Fux, have voted against the new rules. Lúcia argued that the alterations represent a "clear regression" in efforts to uphold republican principles, administrative probity, and public morality. The Rede Sustentabilidade party initiated the legal challenge, arguing that the changes have distorted the protective framework of the "Ficha Limpa" law and constitute an "unprecedented institutional setback."

The congressional amendments aim to unify and advance the start of ineligibility periods to the moment of conviction, rather than after the sentence is served. This includes a 12-year cap on ineligibility for repeated administrative misconduct. Previously, the eight-year period could begin after the sentence was completed; now, it can be counted from the decision to revoke a mandate, resignation from an elected office, or conviction by a collegiate body.

“

disfigured the normative framework for the protection of probity and administrative morality consolidated by the "Ficha Limpa" Law and represent an "unprecedented institutional setback."