STF has majority to consider slush fund electoral crime and administrative improbity

The Federal Supreme Court formed a majority to consider the practice of slush funds as an electoral crime and administrative improbity. In this way, the crime can be judged by the common and electoral courts. The case has widespread repercussions.

The majority of ministers followed the vote of the rapporteur, minister Alexandre de Moares, who wrote the following:

“Double liability is possible for a slush fund electoral crime (art. 350 of the Electoral Code) and an act of administrative improbity (Law 8,429/1992), as the independence of instances requires differentiated sanctioning treatments between illicit acts in general (civil, criminal and political-administrative) and acts of administrative improbity.”

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The case began to be judged by the virtual plenary on December 19, 2025 and ends at 11:59 pm this Friday.

Moraes understood that, if the non-existence of the fact or the “denial by the defendant” is recognized in the electoral court, the decision will then “have repercussions on the administrative sphere”.

“It is the responsibility of the Common Court to prosecute and judge actions of administrative improbity for an act that also constitutes an electoral crime”, added the Supreme Court minister.

Moraes’ vote was followed by ministers Cristiano Zanin, Cármen Lúcia, André Mendonça, Dias Toffoli, Edson Fachin, Luiz Fux, Flávio Dino and Gilmar Mendes, who followed the rapporteur with reservations. Nunes Marques has not yet voted.