By majority, the Court understood that a brief replacement by court decision does not constitute the exercise of a mandate for re-election purposes
The (Supreme Federal Court) decided, this Wednesday (22.Oct.2025), that the vice-mayor who temporarily assumes the leadership of the Executive, even in the 6 months prior to the election, can run for re-election. By majority, the Court understood that the brief replacement, by court decision, does not constitute an exercise of mandate for purposes of ineligibility.
The decision was taken in the judgment of the Extraordinary Appeal with recognized general repercussion (Theme 1,229), reported by Minister Nunes Marques. The case had as its reference the mayor Allan Seixas de Sousa, of Cachoeira dos Índios (PB), who had held the position for 8 days in 2016 and had his 2020 candidacy rejected by the TSE under the allegation of a 3rd consecutive term.
The rapporteur, minister Nunes Marques, voted to remove the ineligibility. For him, recognizing as a mandate the brief assumption of the position by court decision “it would mean punishing the deputy for an event beyond his control”.
The minister highlighted that the constitutional norm must be interpreted in a way that preserves popular sovereignty and reasonableness, preventing transitional situations from preventing voters from freely choosing their representatives.
Nunes Marques proposed the establishment of a period of up to 90 days as a reference: replacements determined by court decision up to this period would not constitute a mandate. He was accompanied by minister Cristiano Zanin.
DIVERGENCE
Minister Flávio Dino opened a disagreement, stating that the Constitution already sets rules on the subject and does not allow exceptions. He defended a literal reading of article 14, §5, according to which any replacement or succession within the mandate prevents new candidacy for the same position, even if temporary. He was accompanied by ministers Edson Fachin, Dias Toffoli and Cármen Lúcia.
INTERMEDIATE VOTES
Minister André Mendonça accompanied the rapporteur, but suggested reducing the limit to 15 days, arguing that a longer period could allow administrative rearrangements capable of affecting electoral equality.
Minister Alexandre de Moraes voted that the temporary replacement, when resulting from a court order, does not constitute succession and should not result in ineligibility, without setting a deadline. Ministers Luiz Fux and Gilmar Mendes followed this understanding.
RESULT
By majority, the STF decided to release Allan Seixas’ candidacy, removing the politician’s ineligibility. Ministers Flávio Dino, Edson Fachin, Dias Toffoli and Cármen Lúcia were defeated.
The Court has not yet defined the thesis of general repercussion, which will establish the maximum period for replacing candidates for purposes of ineligibility. Three positions are under debate: limit of 15 days, 90 days or no deadline.
