Débora Zampier Reporter Agencia Brasil

Brasilia – As a result of the Supreme Court ruling Wednesday, March 23, the Ficha Limpa law is to be legally binding only in 2012 and all politicians barred from taking office following the general elections of October 2010 because of legal problems under the Ficha Limpa law may now take office.

The vote in the Supreme Court was 6 to 5, with the new justice, Luiz Fux, joining five other justices in a decision based on the following jurisprudence: First, Article 16 of the constitution, which states clearly that any law that alters election processes must be in effect for at least a year before it becomes binding (“anualidade” or “principio da anterioridade”). Second, the “presumption of innocence” principle (the idea being that although some Brazilian politicians have rap sheets as long as their arms, until a final judgment they must be presumed innocent). And, third, Fux and his five colleagues ruled, in principle, against a retroactive law (the fact is that Ficha Limpa made politicians ineligible to run for office in October 2010 because of crimes committed before October 2010).

However, the other five Supreme Court justices claimed Ficha Lmpa did not alter election processes (the matter of eligibility being separate) and based their interpretation on Article 14 of the constitution, which states clearly that elected officials must be examples of probity.

The president of the Senate, and former president of Brazil, José Sarney (PMDB-AP), declared that he believed the Ficha Limpa law should have been in effect for the October 2010 general elections. Sarney explained that he did not see any reason for the Supreme Court to overturn a law approved by the Congress and sanctioned by former president Luiz Inacio Lula da Silva. Sarney pointed out that the decision will have what he called difficult political administrative consequences.

“It is complicated to modify this law at this time. The election is over and a number of Ficha Limpa judgements have been completed,” he said. Sarney then took a jab at the Supreme Court, saying that there has been an excessive number of cases in which the judicial branch has “questioned” legislative decisions. Sarney called the process “the judicialization of politics.” And he was definitely not praising the tendency.

In Sarney’s opinion, political parties have a duty to define who their candidates will be. “The parties are supposed to make a selection of those it believes will best represent them. It is natural for them to select people who will get the most votes and the people who get the most votes should be the best candidates.”

Allen Bennett – translator/editor The News in English - content modified

Link - Fichas sujas eleitos em 2010 poderão tomar posse, decide STF
Link - Sarney: mudança na Lei da Ficha Limpa pode ter consequências de difícil administração política