Overview
- The Supreme Federal Court resumed the virtual judgment on whether Brazilians can run for office without party affiliation, with voting open until November 25 unless a justice requests more time.
- Relator Luís Roberto Barroso voted in August to reject unaffiliated runs, citing the Constitution’s Article 14, §3, V, and his recorded vote remains despite his retirement.
- Alexandre de Moraes cast his vote on November 14 fully aligning with Barroso, stating that party membership is a condition of eligibility in Brazil’s party-based democracy.
- The case has general repercussion, meaning the Court’s decision will guide lower courts in similar disputes across the country.
- The dispute stems from two Rio de Janeiro candidates barred in 2016 for lacking party ties, with current PGR filings defending mandatory affiliation and a 2019 opinion under Augusto Aras having favored allowing independents.