Janot wants to challenge Arruda's candidacy.

According to the prosecutor, even if his candidacy registration is accepted by the Regional Electoral Court (TRE) and he is elected, Arruda could have his governorship revoked due to the conviction. "The registration was challenged based on the Clean Slate Law. The point being debated is that the absence of a second-instance conviction occurred due to a judicial obstacle created by the candidate himself. This is a point we will have to discuss legally. However, this does not prevent an appeal against the issuance of the diploma, because this is a cause for subsequent ineligibility," said Janot.

Affiliated with the PR party, Arruda is a candidate for governor of the Federal District representing the União e Força coalition and, despite the conviction, can still run in the elections until the final judgment on his candidacy request.

On July 9th, the 2nd Civil Chamber of the Court of Justice of the Federal District (TJDF) upheld the conviction. The former governor of the Federal District was indicted for administrative misconduct in a case initiated as an offshoot of the Federal Police's Operation Pandora's Box investigation, which uncovered the corruption scheme known as the DEM's mensalão scandal in 2009.

The candidate's lawyer, Francisco Emerenciano, disputes the Public Prosecutor's Office's action. According to him, the conviction does not affect the candidacy, since the jurisprudence of the electoral courts is that ineligibility is assessed at the time of the registration request, made before the judgment that upheld Arruda's conviction.

The controversy surrounding the validity of the candidate's registration relates to the Election Law (Law 9.504/97). According to the law, the conditions of ineligibility are assessed at the time of the candidacy registration request, made last week, when Arruda's appeal had not yet been judged. Furthermore, the suspension of political rights only takes effect after the final judgment, the end of the legal process.

Submitting the registration does not guarantee the politician's participation in the elections. After an opinion from the Public Prosecutor's Office, the requests are judged by an electoral judge, who verifies whether all formalities have been fulfilled.

In a statement, the PR-DF protested. Read below:

The Regional Directorate of the Republican Party in the Federal District publicly and vehemently protests against the hasty statements made by the Attorney General of the Republic, Rodrigo Janot, regarding the candidacy of our leader José Roberto Arruda for Governor of the Federal District.

Prosecutor Janot is defending a thesis contrary to the jurisprudence established by the Superior Electoral Court, whose understanding, reiterated in numerous decisions, is that the conditions of eligibility are met on the date of registration.

When registering his candidacy, José Roberto Arruda presented all the required certificates and fulfilled all the requirements stipulated by the Electoral Law. Therefore, there is no legal threat to his candidacy.

Opinions identical to those of prosecutor Janot, issued by representatives of the Electoral Public Prosecutor's Office of the Federal District, were classified as irregular electoral propaganda by the Regional Electoral Court of the Federal District, in a decision signed on Thursday, the 17th, by Judge Eliene Ferreira Bastos.

Given the strangeness of the Attorney General of the Republic defending a thesis devoid of legal support and at the state level, the PR-DF (Regional Prosecutor's Office of the Federal District) cannot fail to repudiate this attempt to personalize the law, especially since the Attorney General's role is limited to the federal level, meaning that his opinion should apply to the entire country.

The PR-DF reiterates its confidence in Brazilian institutions and trusts in the smooth running of this year's electoral contest.

Brasilia, July 18, 2014.

Salvador Bispo
President of PR-DF