Overview
- Wednesday the Supreme Court's virtual plenary recorded a formal divergence by Minister Luiz Fux while the partial score stood 4–1 in favor of the relator Gilmar Mendes.
- Gilmar Mendes voted to clarify the 2025 ruling without changing its core, saying the rule should apply immediately to ongoing cases, include holders of lifelong posts, and defer to the higher court when an official held successive offices.
- Minister Flávio Dino joined Mendes but warned that once a higher court is fixed as competent the case should not be sent back to lower courts to avoid repeated transfers.
- Fux proposed narrowing the 2025 expansion by keeping cases already advanced in first instance where they are, ending the prerogative after retirement or exit including for lifelong posts, excluding most electoral-period crimes, and using diplomação as an objective trigger for forum.
- The court will finish voting by May 22 and the ruling will shape where high‑profile investigations and prosecutions proceed, affect forum‑shopping dynamics, and change how accused officials and victims experience case timing and investigative control.