Cármen votes to overturn changes to the Clean Record Law

Minister Cármen Lúcia, of the STF (Supreme Federal Court), voted this Friday (22) to declare unconstitutional the changes to the Clean Record Law approved by Congress in 2025.

Among the changes is the starting point for counting the time of ineligibility. Before the changes made by Congress, politicians who commit crimes were prevented from running in new elections for eight years, counting from the end of their sentence.

This means that, if a politician is sentenced to five years in prison, for example, in practice, he is ineligible for 13 years or even more, considering the investigation time and the case being in court.

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The deadline, however, is considered disproportionate by some congressmen. The new law version therefore provides that the counting of the period of ineligibility begins after the court decision for conviction. Furthermore, Congress established a 12-year limit for a politician to become ineligible.

In a vote, Minister Cármen Lúcia argued that the changes are a case of "patent setback" in guaranteeing republican principles, administrative probity and public morality.

According to her, banning a politician from running for office is not a common criminal punishment, but rather a protection to ensure that only people with an honest past life hold public office. The minister argued that Congress has the freedom and authority to change laws, but is not authorized by the Constitution to reduce the protection of public morality or ignore the candidate's record.

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"The changes carried out by Complementary Law No. 219/2025, relate to the initial terms and the counting of the period for purposes of ineligibility and establish a scenario of patent regression to what had been established as an instrument of guarantee of republican principles, administrative probity and public morality", wrote Cármen in a vote.

Source: CNN