Renan Santos takes TSE to court against Bolsa Família adjustment

The presidential candidate Renan Santos (Mission) filed a representation in the Superior Electoral Court (TSE) against the readjustment of Bolsa Família announced by President Luiz Inácio Lula da Silva (PT) on Thursday (15). The request was distributed by prevention to the minister André Mendonça, who had already rejected a similar action filed by the federal deputy Zé Trovão (PL-SC).

With the readjustment, the floor of the program goes from R$ 600 to R$ 691. The new amount begins to apply in October, with payments starting on the 19th, between the first and second round (if any) of the presidential elections.

Order for injunction to suspend decree

In the action, Renan Santos asks for the granting of injunction to remove the effects of the decree that provides for the readjustment, until the inauguration of the candidates elected this year, "to safeguard the isonomy and parity between the candidates". The candidate claims electoral purpose in the measure and states that the objective is "to avoid the deviation of purpose and the repercussion of the electoral government measure adopted in the imbalance of the elections".

The announcement took place on Thursday morning at the Planalto Palace. Since it was relaunched in March 2023 by the government, Bolsa Família was uncorrected. The absence of readjustment for more than two years is one of the central points of the Mission candidate’s argument.

Reporting for prevention in TSE

Minister André Mendonça should take over the report of the party's request Mission for prevention, that is, because he already had under his report a similar previous case. Earlier, Mendonça rejected an action in which the federal deputy and re-election candidate Zé Trovão (PL-SC), ally of the senator and candidate for the Presidency of the Republic Flávio Bolsonaro (PL-RJ), questioned the readjustment.

In the decision, Mendonça mentioned previous decisions according to which a candidate for federal deputy does not have the legitimacy to file an action against a candidate for the Presidency of the Republic, since the two positions are contested in different electoral constituencies. This precedent may influence the analysis of the new application, although Renan Santos disputes the office of president, which may confer distinct legitimacy.

Budgetary impact and government justification

According to the Ministry of Planning, the cost of the Bolsa Família adjustment this year will be R$ 5.8 billion. By 2027, the impact on expenditures will be R$ 22.7 billion. In August, the government sent to the legislature the budget proposal for 2027 without contemplating an increase in the values of the program.

The Ministry of Finance reported that the readjustment of Bolsa Família only replenishes the inflationary losses of recent years, which would not equate to an increase in social benefit. Planning Minister Bruno Moretti has denied that the measure has anything to do with the 2026 elections.

According to the Advocacy General of the Union (AGU), the law that instituted the new Bolsa Família, in 2023, authorizes the Executive Power to "correct the values of the benefits and prohibits their reduction". The AGU maintains that the readjustment is a legal obligation of inflationary recomposition, not a discretionary concession with electoral bias.

Divergence of interpretations

Renan Santos’s claims contrast with the government’s position, which denies electoral motivation. While the candidate of the Mission sees deviation of purpose, the Executive argues that the correction is technical and provided for by law. The TSE will have to decide whether the measure configures use of the public machine in favor of candidacy, which is prohibited by electoral legislation.

The controversy intensifies by the calendar: the payments with the new amount begin on October 19, exactly in the interval between the first and second round of the presidential elections, if there is a second round. This timing is pointed out by Renan Santos as evidence of intent to influence the electorate.

Next steps in court

The expectation is that the minister André Mendonça will analyze the request for a preliminary ruling in the coming days, given the urgency of the electoral calendar. If granted, the suspension of the adjustment could have a direct impact on the income of millions of beneficiary families of the program, in addition to setting a precedent for other disputes.

The case also rekindles the debate about the limits of government action in an electoral year and the interpretation of legislation on prohibited conducts to public agents. The decision of TSE will be closely monitored by parties, candidates and experts in electoral law, as it can set parameters for similar measures until the inauguration of the elected officials.

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