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Gilmar Mendes Pauses STF Ruling on 2025 Ficha Limpa Changes

His pedido de vista halts a virtual judgment that would decide how inelegibility periods are counted and leaves candidate eligibility unclear ahead of 2026.

Overview

  • Gilmar Mendes asked for a pedido de vista on Thursday, May 28, and suspended the virtual judgment; he has up to 90 days under STF rules to return the case or the files will be released for a new vote.
  • Before the suspension the tally stood 2–0 for invalidating parts of Lei Complementar 219/2025 after votes from relatora Cármen Lúcia and minister Luiz Fux, who sought to restore the stricter pre-2025 counting rules.
  • The disputed law, born from PLP 192/2023, changed how inelegibility is measured by introducing a unified 12-year cap and shifting start-dates for penalties in cases of loss of mandate, resignation to avoid cassation, and criminal or improbity convictions.
  • The case is ADI 7.881, filed by Rede Sustentabilidade, and its outcome will tell the Electoral Justice which counting rules to apply when parties register candidates for the 2026 elections and could affect figures such as Eduardo Cunha, Anthony Garotinho and José Roberto Arruda.
  • With the virtual vote frozen the court may move the matter to a physical plenary, the Rede has asked the STF to suspend the 2025 changes immediately, and legal uncertainty in the coming weeks could complicate party conventions and candidacy filings.