TSE opens case against Lula-Alckmin ticket for abuse of political power

The TSE's decision opened a formal examination of the Lula-Alckmin ticket. It did not establish that abuse of political power occurred. Ricardo Villas Bôas Cueva, the electoral court's corregedor-geral, found that the Partido Novo had presented a sufficiently detailed complaint.

The filing identified the government measures being challenged, their contents, and their estimated costs. It also included the full acts, budget-consulting notes, and news reports. Lula was included because of the government's acts. Alckmin was included because he benefited from measures and appeared at some announcements.

The case is still at its beginning. Lawyers for Lula and Alckmin received notice and have five days to respond. Cueva will then decide whether to close the case or begin evidence-gathering. If it proceeds, witnesses and documents will be examined before the full court votes.

An Ação de Investigação Judicial Eleitoral, or AIJE, is a formal electoral proceeding used to investigate alleged abuses connected to an election. Its purpose is not simply to review a policy. It examines whether political power was used improperly in a way that could influence the electoral contest.

The article describes a process with a substantial evidence phase. After the defendants respond, the judge may hear witnesses and gather documents. Here, the evidence would concern the government's measures, their timing, their costs, and Alckmin's participation in announcements. The investigation would test the Partido Novo's allegations rather than assume they are true.

AIJEs can take time because evidence must be collected before judgment. After the investigation, the case goes to the TSE's full bench. All ministers vote. The court could close the case earlier, or continue it if the allegations warrant further examination.

The Partido Novo argues that the government used policy decisions to gain political advantage during the election period. It points to 35 provisional measures and decrees issued between January 1 and October 16, 2026. The party says these measures created or expanded benefits with strong popular appeal.

At least 12 were announced during the electoral period. Examples include an increase in Bolsa Família, expanded fuel subsidies, debt-renegotiation programs such as Desenrola 3.0, and a ban on bets announced nine days before the first round. The party estimates that all 35 measures cost R$73 billion. It also cites 13 extraordinary credits totaling R$99.7 billion.

The case will not be decided merely by counting measures or identifying popular programs. Investigators would need to examine the timing, content, spending, and political context. Cueva said the complaint identified each challenged act and its estimated cost, allowing the investigation and defense to proceed.

The case cites two large groups of government actions. The first is 35 provisional measures and decrees issued during 2026. The Partido Novo estimates their total cost at R$73 billion. These measures included benefits, subsidies, debt renegotiation, and the ban on bets.

The second group contains 13 extraordinary credits. According to the complaint, they total R$99.7 billion in 2026. Extraordinary credits are presented here as additional government spending measures cited by the party. The article does not say that the TSE has accepted the party's cost calculations as proven facts.

The comparison with previous years adds context. The complaint identifies 17 similar measures in 2023, four in 2024, and 14 in 2025. That makes 35 across those three years, the same number the government allegedly issued in 2026 alone. The amounts and timing will matter if the investigation continues.

If the TSE concludes that the ticket abused political power, Lula and Alckmin could face the penalties requested by the Partido Novo. The party seeks cassation of the ticket and ineligibility for both men for eight years. Cassation would target the electoral ticket, while ineligibility would prevent the individuals from standing for elections during that period.

Those consequences are not automatic because the case was accepted. Cueva expressly moved the proceeding into an investigative path, not a finding of guilt. Lula and Alckmin first have five days to submit defenses. If the case continues, witnesses and other evidence will be gathered.

The final decision belongs to the TSE's full bench, where all ministers vote. The court could close the case before that stage, or determine after the investigation that abuse occurred. The article does not state what would happen to their offices beyond the requested cassation.

The comparison is mainly about the legal route and the possible penalty. Jair Bolsonaro faced a similar action over alleged abuse of political power during the 2022 election. The TSE accepted that case and ultimately declared him ineligible for eight years. Because he had not won the election, he did not lose an office.

The earlier case concerned a meeting with ambassadors from 18 countries. The accusation also described the event as misuse of communication media. Bolsonaro faced another similar proceeding over alleged political use of the bicentennial Independence ceremony. These facts provide the article's historical example of an AIJE producing ineligibility.

The current case has not reached that point. It concerns Lula and Geraldo Alckmin and government measures announced or issued in 2026. Their lawyers have five days to respond. Evidence may follow, and the full TSE will vote only after that stage if the case remains open.

Ordinary policymaking can continue during an election. It may become an alleged abuse of political power when officials use government authority, spending, or public benefits to gain an unfair electoral advantage. The concern is not simply that a program is popular. It is whether state resources or official influence are being deployed in a way that can distort voter choice.

The complaint applies that theory to measures announced or expanded during 2026. It cites Bolsa Família, fuel subsidies, debt renegotiation, and a bets ban announced nine days before the first round. It also points to 35 measures costing an estimated R$73 billion and 13 extraordinary credits totaling R$99.7 billion.

The TSE has not yet accepted this argument as proven. An AIJE would examine timing, content, costs, announcements, and political participation. Cueva found the allegations specific enough to investigate. The final court decision depends on the evidence and the ministers' votes.