The television station CNN Brasil indicated that these are cases in which the candidate filed an appeal and seeks a favorable decision, even in courts outside the voting instance. Most of the files are of politicians prohibited by the Clean File Law.
Such provision was created to prevent people with criminal convictions from holding public office in the country, where it is a vital instrument to combat corruption.
CNN assured that these candidates under sub judice are campaigning without knowing if they will be able to assume positions in case of victory, a good part was prohibited by the Electoral Justice on the basis of the Clean File Law.
The journalistic medium gave as an example in this condition the former governor of Paraíba Ricardo Coutinho, who is seeking a vacancy in the Senate, whose candidacy is sub judice because he was convicted of abuse of political power, which made him ineligible for 10 years from 2014. .
Another pending situation involves federal deputy Daniel Silveira, a candidate for senator from Rio de Janeiro, also banned by the file.
In addition to the candidacies that are sub judice, another 220 are unresolved because they have not yet been analyzed by the Electoral Justice.
For the next elections, 27,420 names were considered suitable by the Superior Electoral Court.
According to the elective legislation, candidates who still depend on judicial arbitration are allowed to campaign normally and may even have their photo in the ballot box until the case is judged.
If the consultation occurs and the trial of the candidacy is not finalized, the person can be awarded a diploma.
But the votes are frozen, until all possible resources are tried and there is no restitution of the award.
If the candidacy is rejected after graduation, the candidate will be relieved of their position.
In majority elections, in the case of senators and governors, if the winner with more than 50 percent of the valid votes is a sub judice candidate and the candidacy registration is rejected, new votes will be held.
More than 156 million Brazilians, most of them women, are eligible to vote in the October 2 election, in which president and vice president, governors, deputies, senators and regional legislators will be elected.
Former president Luiz Inácio Lula da Silva, a candidate for the Workers’ Party, leads all opinion polls towards the vote in which the far-right leader Jair Bolsonaro, a candidate for the Liberal Party, aspires to be re-elected.