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STF Pauses Nepotism Ruling as Majority Backs Conditional Exception for Political Appointments

The relator paused the case to negotiate the wording of a binding thesis that will set a uniform national rule on familial appointments to public office.

Overview

  • At the request of relator Luiz Fux, the Supreme Court suspended the session with no new date set to finalize the ruling.
  • A 6–1 majority favors allowing relatives up to the third degree to hold political posts if technically qualified and of proven probity, with cross-appointments banned; Flávio Dino dissented.
  • Ministers are weighing excluding Tribunais de Contas from any exception and preserving prohibitions for the Judiciary and the Public Prosecutor’s Office.
  • Three justices have yet to vote—Cármen Lúcia, Gilmar Mendes, and Edson Fachin—and proposals on the table include limiting allowances to first-echelon roles and applying changes prospectively for audit courts.
  • The case stems from a Tupã (SP) appeal and carries repercussão geral, so the final thesis will bind similar cases nationwide.