With victory Luis Inacio Lula da Silva (PT) in the presidential election, their family members will not be able to run for political office in the next election. That is, Janja, to whom he is married, cannot be his successor as president or seek a position in the legislative or executive branch.
According to the Brazilian Constitution, family members cannot run for positions other than those they have already held.
Article 14 of the Magna Carta forbids the nomination of relatives up to the second degree by blood or by adoption of the president, governors and mayors.
The ban is intended to avoid a possible advantage for candidates associated with politicians holding the majority of positions.
Lula lived in a similar situation
This jurisprudence is based on the decision given to the son of Luis Inacio Lula da Silva (PT). In 2008, the candidacy of Marcos Claudio Lula da Silva (Portugal) for the post of councilor in São Bernardo do Campo (SP) was rejected by the electoral chamber.
The argument in favor of the PT’s candidacy was that a clause of the Constitution would be open to interpretation as to whether the jurisdiction of the President of the Republic was national or only in institutions within the scope of the Union.
The TSE (Higher Electoral Court) decided by a vote of five to two that it was national.
Eleven years ago, former minister Carlos Aires Britto, then president of the TSE, declared that a relative of the president in the second degree “can vote, but cannot be elected, as he is in a privileged position.”
Marcos was elected as a parliamentarian in the city of the Sao Paulo metropolitan area in 2012, when Lula was no longer president.
The same thing happened to the Bolsonaro clan.
As for the Bolsonaro clan, the only ones who could run while their father was president children will be Eduardo, Carlos and Flavio Bolsonaro, children “03”, “02” and “01” Zhair. By law, they can try to be re-elected to positions they already hold – Flavio’s term as senator expires until January 2027.
In the case of Jair Renan, “04”, who never contested the election, the nomination would have been banned.
The same condition will apply to the president’s siblings and his wife, Michelle. The rule also applies to brothers, sisters and children of the first lady.
If Bolsonaro had been re-elected president, the rule imposed on his children would have lasted until the 2026 elections. That is, only in 2028 could they run for other positions.
But since he lost the election, his blood relatives are now free to run for any office in the next election.
