TSE forwards Bolsonaro’s case to the TCU, threatening his participation in the 2030 elections

The former president is running the risk of being banned from running for election for a period of eight years under the Ficha Limpa law, the same law that was applied to condemn it at the Superior Electoral Court (TSE).

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Former President Jair Bolsonaro (PL) if convicted, will only be able to run for office in 2031 - Photo Reproduction/Reuters

Even after becoming ineligible by decision of the Superior Electoral Court (TSE), former President Jair Bolsonaro is expected to continue facing a series of investigations and possible convictions. A TSE determination does not put an end to the former president's problems, since it is related to the process resulting from the meeting with ambassadors at the Palácio da Alvorada in 2022. On that occasion, Bolsonaro made false statements about the electoral system, which led to the referral of this representation to the Federal Audit Court (TCU).

It is the body's responsibility to define an administrative fine for Bolsonaro. However, it is necessary that the TCU conducts a special audit. During this process, Bolsonaro will have the chance to defend himself, but if found guilty, he will be barred from running for electoral office for eight years.

Deadlines

The deadlines are simultaneous, but there is a difference in timing between the TSE decision and a possible TCU decision. In the case of the TSE, the eight years are counted from October 2, 2022, which is the date of the first round of elections. This means that Bolsonaro would be considered eligible in 2030, as the election is scheduled for October 6. On the other hand, if there is a TCU decision, the eight years would be counted from the final and unappealable date, which is the end of the period for appeals. This would result in an ineligibility extending beyond 2031.

Rationale

The ineligibility provided for in paragraph G of the Lei da Ficha Limpa, the same used for Bolsonaro's conviction in the TSE. The section establishes that those who have their accounts related to the performance of public positions or functions rejected for irremediable irregularity, characterizing a malicious act of administrative impropriety, and through an unappealable decision of the competent body, unless this decision has been suspended or annulled by the Judiciary, will be ineligible for the elections that take place in the next 8 (eight) years, from the date of the referred decision. This restriction applies to all expense handlers, including agents who have acted in that capacity.