The current drafting of the bill that would make it possible to enable the former president () to try to reverse his ineligibility and compete in 2026.
The main point of the proposal is to reduce the period of loss of political rights. Her author is Deputy Dani Cunha (União Brasil-RJ), daughter of the former mayor.
Currently prevented from competing, Bolsonaro could benefit if the cassation time was reduced and could return to elections again.
The proposal went on debate on the plenary on Tuesday (18), but the low presence of parliamentarians and the possibility that it was rejected postponed the vote.
The wording that came out of and was approved by the CCJ (Constitution and Justice Commission) determined that the loss of electoral rights would be conditioned on cases of “serious behaviors able to imply cancellation of records, diplomas or mandates”.
Bolsonaro was convicted in 2023 by the (Superior Electoral Court) along with his then vice-president candidate, the former minister (PL), for abuse of political power and misuse of the media.
But, as the plate was defeated in the 2022 elections, the court did not revoke the former president’s diploma or record.
As (ie it would affect cases prior to its approval), if it were approved as it was after voting at the CCJ ,.
After this vote, however, the rapporteur of the text, Senator Weverton (-MA), accepted an amendment by the Government leader, Randolfe Rodrigues (PT-AP), who alters this device and, in practice, ends this argument.
The wording proposed by him maintains the ineligibility valid for cases of severe behavior, but suppresses the stretch that conditioned this penalty to the revocation of records, diplomas or mandates.
According to government parliamentarians and experts heard by the SheetThis change prevents the former president prevents the project (if he is approved and transformed into law) as an argument to try to recover his political rights.
“The accepted amendment eliminates the possibility that former President Jair Bolsonaro claims the norm in his favor. The way he is in the new report, this hypothesis is discarded,” says lawyer and former Judge Márlon Reis, one of the creators of the Clean Record Law.
Three parliamentarians combined with Bolsonaro said under reserve that they had not noticed the change, but they adopted the speech that they did not believe that the previous text would be sufficient to reverse the ineligibility of the former president.
The main hope of this group lies in, which today is the target of disagreements in the House of Representatives and does not have the sympathy of the president of the Senate, (União Brasil-AP).
Bolsonaro and his allies try to get support from Centrão names to try to make the proposal advance.
In the case of the project on the Clean Record Law, the main point of the project is the change at the beginning of counting the eight -year ineligibility period.
By the current text, this time comes only from the final judgment of the conviction, it is added to the remaining time of the politician’s mandate (if he is still acting) and may be cumulative in case of more than one sentence.
With the project, the deadline is no longer cumulative and is unified in eight years. In addition, it is counted from the judicial decision or the conviction, the election in which the illicit or resignation occurs (ie, without taking into account the remaining time in office).
“The greatest severity of this project is in the drastic reduction of the deadlines for ineligibility,” says Márlon Reis.
Under condition of anonymity, parliamentarians say that Randolfe’s amendment was not what prevented the vote on Tuesday, but the possibility of defeat. In the preliminary deliberation of an appeal, 34 senators were in favor of the project Next, and 21 against, margin evaluated as small to follow the session.
A date has not been set for the proposal to return to the plenary, but congressmen evaluate that this may take time, as alcohubre should travel next week, and the text is the target of differences.
Rapporteur Weverton has avoided making substantial changes in the bill because, in this case, he would need to be processed again in the House of Representatives – and the senator intends to go straight to the presidency of the Republic.
Randolfe amendment, in turn, is considered “writing”, a category that does not require new analysis by the deputies.
During Tuesday’s session, Senator Omar Aziz (PSD-AM) defended the bill, but said he considered problematic the excerpt who defines that they could only be convicted of loss of political rights considered “severe behavior”, a newsroom that, for him, opens space for subjectivities.
Carlos Portinho (PL-RJ) also endorsed the proposal and stated that the period of ineligibility stipulated by the Clean Record Law has always been eight years, but that the judiciary changed its “legal principle” by determining that the counting of this period could extend its duration.
Senator Marcelo Castro (MDB-PI) argued that this discussion should take place within the proposal of the new Electoral Code, of which he is a rapporteur and is expected to enter the agenda of the Constitution and Justice Commission on the 26th.
