In February and March, the Plenary of the Federal Supreme Court resumes the trial of cases of great repercussion for the country’s political and social life, which deal with the appointment of relatives to public positions, the participation of children and adolescents in LGBTQIAPN+ parades and the alleged monitoring of journalists and parliamentarians during the Bolsonaro government.
The first trial session takes place on February 4th and brings to the agenda actions that question the rules of the National Council of Justice on the use of social networks by judges, under the report of Minister Alexandre de Moraes.
Authors of the action, the Association of Brazilian Magistrates (AMB) and the Association of Federal Judges of Brazil (Ajufe) maintain, in general terms, that the rule violates the constitutional principles of freedom of expression and thought.
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Throughout February, the plenary should also analyze topics such as the payment of procedural costs by the Public Ministry and environmental licensing.
The limits of freedom of expression, scheduled to be analyzed in the session on the 11th, discusses the restriction imposed by the São Paulo Court of Justice on publications that denounce cruelty against animals at the Festa do Peão de Barretos. In September 2025, the rapporteur, Minister Luís Roberto Barroso, retired from the Court, voted to annul the court’s ruling. The case returns with the vote of Minister Alexandre de Moraes.
On the 19th, the Plenary must judge the validity of the law that established the “School Without Party Program” in the municipality of Santa Cruz de Monte Castelo (PR). The action was proposed by the National Confederation of Education Workers (CNTE) and the National Association of Jurists for the Human Rights of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals, Transgenders and Intersex (Anajudh LGBTI). The rapporteur is by Minister Luiz Fux.
Still in February, the creation of a secretariat focused on conflict resolution at the Federal Audit Court and the inclusion of the ISS in the PIS/Cofins calculation base will be on the agenda of the highest court.
On the 25th, the Plenary must judge the constitutionality of sections of the Anti-Crime Package, including the provision that provides for the loss of assets as one of the effects of criminal conviction in the country. The action was proposed by the Brazilian Association of Criminal Lawyers (Abracrim) and is under the rapporteur of minister Luiz Fux.
The last session of February, scheduled for the 26th, discusses the pardon granted to those convicted of the Carandiru Massacre. The rapporteur is also from Minister Fux.
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Party infidelity and nepotism; see the March sessions
The first session of March, on the 4th, brings to the Court’s Plenary the process on mandatory collection of genetic material from those convicted of violent crimes and storage in the National Genetic Profiles Bank. In August last year, statements from the parties and entities admitted as interested in the process were heard. Now, the trial will resume with the votes of the ministers.
On the same date, processes are scheduled to discuss the validity of a law in Amazonas that prohibits the participation of children and adolescents in LGBTQIAPN+ Pride Parades in the state. The rule also establishes a fine of up to R$10,000 per hour of exposure of minors to the environment without judicial authorization.
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Also on the agenda is the discussion on the immediate application or not of mandatory retirement to public employees who turn 75 years old. The standard aimed at those who work in public consortia, public companies, mixed capital companies and their subsidiaries was established by the 2019 Pension Reform.
Still on the 4th, the Supreme Court analyzes an action by the Brazilian Social Democracy Party (PSDB) which requests that the loss of mandate due to party infidelity also be applied to majority positions such as president, governor, mayor and senator who leave, without just cause, the party for which they were elected.
On the 11th, the alleged monitoring of social networks of journalists and parliamentarians by Jair Bolsonaro’s government will be on the agenda. The action, filed in 2020 by the Green Party, points to the existence of surveillance of parliamentarians and journalists by the Government Secretariat and the Communication Secretariat of the Presidency of the Republic, at the time, for the production of reports. The trial in a virtual session was suspended after Minister Nunes Marques’ request for prominence and will be restarted in an in-person session.
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In the same session, the judgment of ADI 7419 is scheduled, in which the Rede Sustentabilidade party and the National Federation of Quilombola Associations (Fenaq) question the amnesty for political parties that did not fulfill racial and gender quotas in elections prior to 2022, as well as did not allocate minimum amounts to quotas in electoral campaigns.
On the 18th, the Supreme Court judges two cases linked to the purchase of rural properties by foreigners. In one of them, the Brazilian Rural Society questions the restrictions imposed on Brazilian companies controlled by foreign capital. In the other, the Union and Incra ask for the annulment of an opinion that, in São Paulo, exempted notary offices from applying these limitations.
On the same day, ministers also analyze a law in Rondônia that removes tax incentives from agribusiness companies that adhere to environmental agreements to limit the expansion of activity in areas without specific legal protection.
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On the 19th, the trial is expected to resume which questions whether the prohibition on nepotism covers the appointment of relatives to political positions, such as municipal or state secretary or minister of state. In the present case, the Court of Justice of the State of São Paulo declared the unconstitutionality of the law of the Municipality of Tupã (SP) that allowed the appointment of relatives up to the third degree, blood or similar to the position of municipal secretary.
In the same session, the Plenary must resume the judgment that analyzes the validity of Paraíba’s Budget Guidelines Law (LDO) for the 2026 fiscal year, in relation to parliamentary amendments and readjustment of budget proposals.
On the 25th, the Court evaluates laws from Mato Grosso and Rio de Janeiro that authorize the payment of fees to attorneys, in addition to a rule from Santa Catarina that provides for compensation to attorneys and auditors for the use of their own vehicles in the exercise of their duties.
