Rule authorizes party change without loss of mandate for deputies before elections
The deadline for the called party window for the 2026 elections. The mechanism, opened on March 5allows federal, state and district deputies to change parties without risk of losing their mandate.
Provided for in article 22-A of the Political Parties Law, the rule establishes a period of 30 days, in election years, for the migration of parliamentarians elected through the proportional system. The measure is used to reorganize political forces before the election, scheduled for October 4th.
This year, only federal, state and district deputies can benefit from the window. Councilors elected in 2024 are left out, as they are not at the end of their term.
Politicians elected by the majority system — such as president of the Republic, governors and senators — They can change parties at any time, without the need for legal justification.
By the rules of Electoral Justiceproportional mandates belong to parties, not elected officials. Therefore, outside the party window, the change of party requires formal justification.
In addition to the window, the Superior Electoral Court (TSE) recognizes other hypotheses of just cause for disaffiliationsuch as a change in the party program, personal political discrimination or approval of the party.
Created by the 2015 electoral reform and provided for in the Constitution since 2016, the party window was consolidated after decisions by the TSE and the Supremo Tribunal Federal that established party loyalty for proportional positions.
