Cunha Lima is now eligible to become a senator.
The Supreme Federal Court (STF) has given the green light for the former governor, barred by the Clean Record Law, to assume his seat in the Senate.
Fernando Porfírio - The Supreme Federal Court took the step that was missing to guarantee the Senate seat to the former governor of Paraíba, Cássio Cunha Lima. The decision was made this Tuesday (3) by Minister Joaquim Barbosa. Cunha Lima was a candidate for the Senate in the 2010 elections for the PSDB and obtained more than 1 million votes. However, he was barred from running based on the so-called Clean Record Law.
In his decision, Minister Joaquim Barbosa recalled that the Supreme Court plenary understood, on March 23rd, that the Clean Slate Law does not apply to the elections held in 2010, due to a violation of Article 16 of the Federal Constitution. The Attorney General's Office (PGR) supported a thesis contrary to that of the Supreme Court. In an opinion sent to the Supreme Court, the Attorney General, Roberto Gurgel, opposed the registration of the candidacy of former governor Cássio Cunha Lima.
According to the head of the Federal Public Prosecutor's Office, the politician was barred due to engaging in conduct prohibited for public officials, a cause already foreseen in Complementary Law No. 64 of 1990, which was amended by Complementary Law No. 135 of 2010, the Clean Slate Law. According to Gurgel, the Clean Slate Law should apply to candidates who ran in the last election. In his opinion, he stated that he is aware of the Supreme Federal Court's position on the matter.
When judging an appeal by Leonídio Bouças (PMDB-MG), whose candidacy for state representative was rejected on March 23, the Court decided that the principle of annuality applied to the innovations of the Clean Slate Law. At that time, the ministers recognized the existence of general repercussion in the matter and determined that each minister could individually decide the cases under their jurisdiction, following the understanding of the collegiate body.
Abuse of power
Cássio Cunha Lima had his registration denied by the Electoral Court because he was convicted in 2009 for abuse of political and economic power in the 2006 elections. He ended up losing his governorship and was declared ineligible to run for office. According to the investigation, the then-governor benefited from the distribution of checks by a local program, which distributed 3,5 checks totaling R$ 35 million.
In addition to having his mandate revoked when he was declared ineligible, Cunha Lima also received a fine as a sanction. It was the fine, however, that placed him under the Clean Slate Law, since his ineligibility sanction (of three years) could not be applied retroactively.