Cármen votes to overturn changes that made the Clean Record Law more flexible

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

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.

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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.

"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.

Cármen also took a stance against the maximum age limit of 12 years for ineligibility. She understood that this "ceiling" would end up functioning as a kind of amnesty or "safe conduct" for those who continue to commit crimes, creating a period in which new court decisions would no longer have any practical effect in barring the candidate.

"The contested norm, as stated, would result in impunity or amnesty, extending what would be a disciplinary period of ineligibility in the event of cumulative convictions without adopting mechanisms or instruments for full compliance with the legislation that sets the contours and limitations to candidacies, to guarantee the integrity of the electoral process", he said.

The minister also highlighted that, during the bill's processing in Congress, the Senate made significant changes to the text that had come from the Chamber of Deputies, but did not return the bill for deputies to approve this change, as provided for in the Constitution. Because of this procedural error, she considered that part of the law was already invalid.

The case is being analyzed in a virtual session of the plenary, a panel made up of all ministers. In this model, judges have one week to register their votes on the process page.

The action
The action being judged by the STF was presented by Rede Sustentabilidade and argues that the changes "disfigured" the system created by the Clean Record Law and weakened mechanisms to protect probity and administrative morality.

The party calls for the immediate suspension of the effects of the rule and, on the merits, the declaration of unconstitutionality of the law.

The party also argues that there was a defect in the legislative process.

According to the action, the Senate made substantial changes to the text approved by the Chamber of Deputies without returning the project for a new vote by deputies, which would violate article 65 of the Constitution.

The PGR (Attorney General's Office) defended to the STF that most of the changes approved by Congress in the Clean Record Law are constitutional and that the Legislature has the power to change the ineligibility rules.

In an opinion sent to the Court, the Attorney General of the Republic, Paulo Gonet, rejected the thesis that there was an irregularity in the processing of the project and stated that the new law does not represent, in itself, an unconstitutional setback.

Gonet, however, defended the overturning of sections of the rule that allow the period of ineligibility to be counted at the same time as the suspension of political rights.

According to the PGR, the STF has already consolidated the understanding that the two punishments are distinct and that ineligibility should only begin after the end of the suspension of political rights.

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Source: CNN