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PGR Asks Brazil's Supreme Court to Freeze Parts of 2025 Ficha Limpa Overhaul

Brazil's top prosecutor backs the reform in general, urging targeted freezes to stop timing rules that undercut ineligibility penalties.

Overview

  • The opinion, filed on January 6 in an ADI by Rede Sustentabilidade under Justice Cármen Lúcia, urges the STF to suspend specific provisions of the revised Lei da Ficha Limpa.
  • Prosecutor General Paulo Gonet seeks to halt §4º-D and §4º-E, which start ineligibility from the first collegiate conviction in related cases, arguing they let later, harsher rulings lose effect.
  • Gonet asks the court to rule that the ineligibility clock pauses while a convict’s political rights are suspended by a final criminal sentence to avoid concurrent penalties that nullify the ban.
  • The filing contests a rule making diplomation the last moment to reassess eligibility and a requirement that sentences’ dispositive sections explicitly cite patrimonial damage and illicit enrichment, citing legal certainty and STF precedent favoring the election day cutoff.
  • The PGR supports keeping the cap that unifies multiple improbity-based ineligibilities at up to 12 years, while the case’s outcome could affect figures who invoke the new timing rules, including José Roberto Arruda.