Supreme Court Delays Final Ruling on Nepotism as Majority Backs Political Appointment Exception

Overview

• The STF session on October 29 was halted at the request of relator Luiz Fux, who said he will consult colleagues on adjustments before the Court sets a binding thesis.
• A 6–1 majority has formed to treat political-trust posts as outside the nepotism ban, with Fux, Cristiano Zanin, Kassio Nunes Marques, André Mendonça, Alexandre de Moraes and Dias Toffoli in favor and Flávio Dino dissenting.
• Several ministers argue that the exception should not cover appointments to federal and state courts of accounts to prevent conflicts when those bodies oversee administrations led by the appointees’ relatives.
• Options under discussion include restricting permissible appointments to top-tier executive roles, preserving a bar on cross-nepotism, and applying any change only prospectively.
• The case stems from a Rio de Janeiro appeal against a TJ‑SP decision that struck down a Tupã law allowing relatives in commissioned posts, and votes from Cármen Lúcia, Gilmar Mendes and Edson Fachin remain pending.