Find out what's on the table with the Clean Record Law judgment
The STF (Supreme Federal Court) has started judging the actions that question the changes to the Clean Record Law approved by the National Congress in 2025. Ministers are analyzing requests to suspend sections of Complementary Law 219/2025. CNN Politics analysts Pedro Venceslau, Matheus Teixeira and Edilene Lopes comment on the matter to Hora H.
The change approved by Congress alters the time frame from which the eight years of ineligibility begin to be counted.
Under the previous rule, the period of ineligibility corresponded to the remaining time of the lost mandate plus another eight years.
With the new legislation, if the STF does not suspend it, the eight years will start counting from the loss of office or resignation - which, in practice, drastically reduces the period of electoral leave, limiting it, in many cases, to a single election.
Politicians who could benefit
Pedro Venceslau, CNN Politics analyst, highlighted three names that would directly benefit from the change.
In the Federal District, José Roberto Arruda (PSD-DF), who governed the state between 2007 and 2010 and left office due to administrative improbity, appears well positioned in polls of voting intentions and is identified as a possible third way in the dispute for local government.
In Rio de Janeiro, Anthony Garotinho (Republicanos-RJ), who was governor of the state and was arrested for corruption, in addition to losing his mandate for buying votes, has already presented a pre-candidacy for the state government, although Eduardo Paes remains the clear favorite.
Garotinho still faces internal resistance in the party, where André Português, former mayor of Miguel Ferreira, is also a pre-candidate.
The third name mentioned is Eduardo Cunha (Republicanos-MG), a figure of great prominence in Brazilian politics, who was arrested as part of Operation Lava Jato and Mensalão.
Cunha transferred his electoral domicile from Rio de Janeiro to Minas Gerais, betting on greater chances of winning a more relevant seat.
He faces, however, resistance from Cleitinho Azevedo, also affiliated with the Republicans in Minas Gerais.
Internal division in the STF and behind the scenes of the trial
Matheus Teixeira reported that there is movement behind the scenes in the STF around the argument of deference to Parliament.
Some of the ministers argue that, as the Legislature decided on the change, it would not be up to the Judiciary to intervene.
"It's very difficult to say what the result of the trial will be," said Teixeira, adding that no one behind the scenes believes in unanimity in the direction of the vote of Minister Carmen Lúcia, rapporteur of the action, who has already positioned herself against the change approved by Congress.
According to Teixeira, the trial was open and only Carmen Lúcia, obliged to present her vote as she was the rapporteur, had done so until the moment of analysis.
The other nine ministers have not yet taken a position, amid intense internal negotiations.
One of the arguments raised by ministers in favor of the change is that, under the previous rule, a senator impeached in the first year of his term could be ineligible for up to fifteen years - seven years of remaining term added to the eight years of ineligibility -, which would generate disproportionality.
Electoral mini-reform and advantages for incumbent parliamentarians
Edilene Lopes brought another relevant element to the electoral scenario: the approval by the Chamber of Deputies of a mini-electoral reform, which makes punishments for parties more flexible and allows the transfer of resources to states and municipalities during the electoral period.
The vote took place remotely, during the week in which Hugo Motta released deputies to stay outside Brasília - coinciding with the March of Mayors and the meeting of the National Congress to overturn presidential vetoes related to the Budget Guidelines Law (LDO).
Lopes highlighted that these transfers, as well as parliamentary amendments, are normally intermediated by parliamentarians, which directly benefits those who already hold a mandate.
"Once again, a measure to encourage the permanence of those who are already there", he stated.
The analyst also pointed out that the phenomenon of party presidents making it difficult for new candidates to join the electoral slate is recurrent, with the aim of concocting nt votes for already established names and guarantee their re-election, to the detriment of the renewal of the National Congress.
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Source: CNN