Brazil's Supreme Federal Court (STF) has unanimously ruled that undeclared campaign funds, known as caixa dois, can be punished both as an electoral crime and as administrative misconduct. The decision, reported by Justice Alexandre de Moraes, was made in a virtual plenary session and strengthens penalties during an election year. The case concerns former São Paulo councilor Arselino Tatto from the PT party.
Brazil's Supreme Federal Court (STF) has unanimously decided to allow double punishment for the crime of caixa dois, which involves failing to declare donations in electoral campaigns. In a judgment conducted in the virtual plenary, all justices followed the rapporteur, Alexandre de Moraes, deeming 'double accountability' possible: administrative misconduct actions proceed in common courts, while electoral crimes go to specialized instances.
The case reached the STF via an appeal from former São Paulo councilor Arselino Tatto (PT), who sought to block an administrative misconduct lawsuit related to an unregistered donation. The justices rejected the appeal, allowing the process to continue.
In the Electoral Court, caixa dois can lead to up to five years in prison and a fine, as per the Electoral Code. In misconduct actions, penalties are civil, including loss of political rights, prohibition from public contracts, and fines. Moraes ruled that if the Electoral Court does not prove the crime, the decision automatically affects the administrative sphere.
Justice Gilmar Mendes raised a reservation on this point, noting that the discussion on impacts between judicial branches is under review in another STF case that may supersede the current thesis. Nonetheless, he voted with the rapporteur. The ruling comes in 2026, an election year, indicating a toughening of penalties against campaign irregularities.
