If it was already valid, punishments given to politicians such as the former president () and the federal deputy (Republicans-RJ) would be innocuous.
This is because the penalty of ineligibility, which was even imposed on both, would not have been able to prevent them from competing for even an election, since.
for conduct considered irregular in the 2022 election. In this scenario, he could not apply for three straight disputes (2024, 2026 and 2028).
However, if the current rule were the same as the deputy Bibo Nunes (PL-RS), who wants to reduce the two-year ineligibility period, the former president could have already competed in the last municipal election in 2024.
While in 2022 the vote was on October 2, last year she was on the 6th. And so, for the sake of days, Bolsonaro would have already served the two -year penalty on the date of the election and would be eligible.
Also in the case of Crivella, who was convicted by decision of the TRE-RJ (Regional Electoral Court of Rio de Janeiro) last year, the penalty of ineligibility would not have the capacity to have any effect at the time it was given, in the event that Bibo Nunes proposal to move forward.
Declared ineligible in October 2024 in an action on the 2020 municipal election, by the time of the conviction, the politician would have already served the two -year period of the sentence.
Bolsonaro and Crivella’s lawsuits have not yet been res judicata, as appeals were submitted by their defenses.
The penalty of ineligibility, however – is assumed when a suspensive effect is granted by the court – is already valid after a collegiate decision (by more than one magistrate).
Since both Bolsonaro and Crivella were not elected in the claims in which they had their conduct considered abusive, the penalty of ineligibility is that of the greatest political impact on the type of action in which they were convicted, the so -called AIJE (Electoral Judicial Investigation Action).
This type of procedure involves judgment on whether there was abuse of political or economic power in the campaign or the so -called “misuse of the media.”
From the point of view of the penalty of ineligibility, also, from which it resorted to, would have no effect.
This is because, convicted of conduct in the 2022 election in January this year, when the second instance was decision, Zambelli would have already seen the two -year period in which he would be ineligible.
On the other hand, as she was elected in the election in which she committed the conduct considered abusive, and her conviction was confirmed after the appeals exhausted, she could still suffer the penalty. In this scenario, however, under the hypothetical new rule, it would already have the possibility of competing again in the next election.
The defense of pockets by changing the rules of ineligibility runs in parallel ahead that.
Presented in 2023, days after Bolsonaro had his first conviction for the (Superior Electoral Court), Bibo Nunes project would make abuse even more milder than the rule prior to the clean record.
At the time, the punishment for politicians condemned for abuse of power in the electoral sphere went from three to eight years of ineligibility – the date of the election in which the irregular conduct occurred.
Sentenced by the TSE, one on meeting with ambassadors, and another on the acts of September 7, 2022 ,. If the change were approved by Congress, it could benefit and be able to compete in the 2026 elections.
Proceeding as a complementary bill, it is necessary to vote in the favorable vote of the absolute majority of the deputies for their approval. After that, he would still have to go through the Senate and sanction of the president.
It is not clear how real chances are the chances of walking. Currently he is in the Constitution and Justice and Citizenship Commission, where he is awaiting the opinion of Deputy Filipe Barros (PL-PR), who was appointed rapporteur of the proposal last December.
However, even though a proposal was approved that it was able to overthrow the ineligibility imposed by the TSE to Bolsonaro, another possible legal obstacle would follow in its horizon to 2026.
This is because, as it is being proposed, the change in the Clean Record Law would not change the effects of ineligibility for any criminal conviction by a collegiate body. And Bolsonaro is the target of different fronts of investigation, including the recent complaint of the Attorney General’s Office (PGR) about the coup plot.
In video on social networks in February, the former president.
“The Clean Record Law serves just for this, pursuing right. Final point. I am radical, ideal would be to revoke this law that will not persecute anyone else. And who decides whether to elect or not you, not a person here in Brasilia. You know who I’m talking about, “Bolsonaro said on social networks.
