Lawyers see legal loophole for Janja to try for Presidency – 03/27/2023 – Panel

Although the Constitution prohibits spouses of incumbents from contesting the election, lawyers close to the PT see a loophole so that sociologist Rosângela Silva, Janja, can in theory run for the succession of her husband, President Luiz Inácio Lula da Silva (PT) .

In 2002, the TSE (Superior Electoral Court) allowed Rosinha Garotinha, then first lady of the state of Rio de Janeiro, to run as a candidate to succeed her husband, Anthony Garotinho.

At the time, the court understood that the Constitution would only prohibit the candidacy if Garotinho himself ran for re-election.

As he was still in his first term and withdrew from office to run for President, the Court understood that his wife could try for a governor’s term in his place.

Article 14 of the Constitution prohibits spouses and relatives up to the second degree of holders of positions in the Executive from running for elections in the same jurisdiction, except in the case of re-election.

By analogy with the case of the Garotinhos, Janja could run for president in 2026 if Lula gave up on re-election and withdrew at least six months before the election.

Doubts remain among these lawyers, however, whether the TSE would take a similar decision in the current context. The composition of the court changes a lot, with temporary mandates, and more than 20 years have passed since the understanding was reached.

Still, Lula could make a formal consultation before any decision and have confirmation of the validity of an eventual candidacy.

Lula has said since the campaign in 2022 that he does not intend to run for a new term. PT leaders and government ministers, however, doubt that the president would give up the prerogative.

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