Brazil’s Supreme Court resumes review of Clean Record Law changes

Brazil’s Supreme Federal Court resumed its review of changes to the Clean Record Law in a virtual session scheduled for September 11–18. The case concerns Complementary Law 219/2025 and its changes to electoral ineligibility periods.

This translation reflects the original report published on September 15, 2026, while the judgment was still in progress.

Clean Record Law: what the court is reviewing

The lawsuit challenges both the length of certain ineligibility periods and the starting points used to calculate them. In addition, it questions a 12-year cap on successive periods and alleged flaws in the legislative process.

The political party Rede Sustentabilidade brought the direct constitutional challenge. Thus, the court is examining whether the disputed provisions comply with Brazil’s Constitution.

Cármen Lúcia’s position on the changes

Justice Cármen Lúcia, the case’s rapporteur, voted to strike down parts of the new law. In her view, the changes improperly altered how the eight-year ineligibility period is calculated.

According to the original report, she argued that ineligibility should cover the remaining term of office and an additional eight years. By contrast, the new rule counts the period from resignation or loss of office.

Votes reported during the ongoing judgment

Justice Luiz Fux joined the rapporteur’s position. Meanwhile, Justice Gilmar Mendes returned the case after requesting a 90-day review period.

At the time of the September 15 report, the tally stood at two votes to none in favor of invalidating the challenged provisions. However, that was an interim count, rather than a final ruling.

The dispute therefore centered on the timing and duration of electoral restrictions under the Clean Record Law. The virtual session was still underway when the original article appeared.

Sources: Supreme Court session agenda and official account of the constitutional challenge (in Portuguese).