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yesterday

Brazil’s Top Prosecutor Urges STF to Halt Key Ficha Limpa Changes on Ineligibility Rules

Brazil’s attorney general asks the Supreme Court to freeze provisions he says dilute ethical safeguards.

Manifestação da PGR sobre as mudanças feitas pelo Congresso na Lei da Ficha Limpa ocorre na ação do partido Rede Sustentabilidade.
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PGR opina no STF contra mudança na Lei da Ficha Limpa usada por Arruda
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Overview

  • The filing by Procurador-Geral Paulo Gonet reached the Supreme Federal Court on January 6 within an ADI brought by Rede Sustentabilidade, under the rapporteurship of Minister Cármen Lúcia.
  • Gonet seeks to suspend §4º-D and §4º-E of Lei 64/1990, which make ineligibility run from the first collegiate conviction, even for later, harsher rulings or connected acts tried separately.
  • He also targets a change that treats diplomação as the last moment to review ineligibility arising after a candidacy is registered, and a rule that limits ineligibility to cases where specific offenses appear only in the decision’s dispositive section.
  • The opinion warns the new wording could nullify consequences of subsequent convictions and proposes pausing the ineligibility clock while political rights remain suspended by a final criminal judgment.
  • While criticizing the counting rules, the PGR backs the law’s aggregate cap that limits combined ineligibility to up to 12 years, and the STF has yet to rule as figures like José Roberto Arruda claim eligibility despite an STJ decision keeping him barred until 2032.