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Financial News: BRAZIL: Clean File Act Can Be Applied In

BRAZIL: Clean File Act Can Be Applied In Cases Before 2010, Court Rules

10/05/2017 - 18:54:00 (RTTNews)

(RTTNews) - Brazil's Federal Supreme Court (STF) had ruled, in a 6-5 vote, that the Clean File Act can be enforced against politicians convicted in the second instance before 2010, when the legislation came into force.

In those cases, however, the ineligibility period was increased to eight years, and no more three years as it was before. As a result, they are unable to run for public office in next year's elections.

Five Justices voted against the retroactive application of the legislation: Gilmar Mendes, Ricardo Lewandowski, Marco Aurélio Mello, Celso de Mello, and Alexandre de Moraes.

To them, to apply the act retroactively should not be allowed. However, six Justices voted for act's retroactive enforcement: Luiz Fux, Luís Roberto Barroso, Edson Fachin, Rosa Weber, Dias Toffoli, and the STF's chairwoman, Carmen Lúcia, who gave the tiebreaker vote.

The Supreme Court must resume the debate on cases in which politicians convicted before 2010 and who were elected in 2014, after serving the original three years' ineligibility, as was foreseen before. Some justices argue that they cannot be removed from office, since they have complied with the law at the time of the candidacy.

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