André Mendonça drawn as rapporteur in TSE case seeking suspension and possible cassation over Bolsa Família hike
By Hotspotnews
On September 17, 2026, President Luiz Inácio Lula da Silva announced a 15.04 percent increase in Bolsa Família benefits, raising the program floor from R$600 to R$691 and the average payment from R$675 to R$777. The new amounts were scheduled to begin with the October payroll, with deposits starting October 19—between the first and second rounds of the presidential election. The government described the change as a correction for inflation measured by the INPC since early 2023, noting that the benefit had not been adjusted since March of that year. Opposition figures countered that the timing, 17 days before the first round and without prior inclusion in the budget proposal sent to Congress, risked violating electoral rules against extraordinary expansions of social programs during campaign periods.
The same day, federal deputy Zé Trovão (PL-SC), a candidate for re-election, filed a representation at the Superior Electoral Court (TSE) challenging the decree. He argued the increase constituted prohibited conduct by a public agent, requested suspension of the higher payments during the electoral process, and sought a fine plus possible cassation of Lula’s candidacy registration or diploma if the violation were deemed serious. Minister André Mendonça was randomly assigned as rapporteur. He extinguished the case without examining the merits, ruling that a candidate for federal deputy in Santa Catarina lacked standing to challenge a presidential candidate because the two races fall under different electoral constituencies. Mendonça explicitly stated that the dismissal did not address the legality of the adjustment itself.
Later that evening, presidential candidate Renan Santos of the Missão party filed a separate representation against the same decree, naming both Lula and running mate Geraldo Alckmin. The petition requested a preliminary injunction to suspend the increased payments until the elected candidates take office, imposition of a fine, and cassation of the registration or diploma of Lula and Alckmin if elected. Mendonça was again drawn by lottery as rapporteur. Reports from outlets including Estadão, CNN Brasil, O Tempo, and Reuters confirmed the assignment and the scope of the requests. The Missão filing alleged the government had known of the erosion in purchasing power since early 2025 yet implemented the increase only in the final stretch of the campaign, creating an imbalance affecting roughly one-third of voters.
As of early October, no public decision on the merits of the Renan Santos action had been reported, and no order cancelling any candidacy had been issued. The payments under the adjusted values proceeded as scheduled. The case remains under Mendonça’s reporting at the TSE, alongside the earlier procedural dismissal of the Zé Trovão filing. Brazilian electoral law restricts the distribution of free benefits by public agents in election years, with exceptions for programs already authorized and in execution; the dispute centers on whether the timing and manner of this adjustment fall inside or outside those exceptions.
Sources: reports published September 17–18, 2026, by Reuters, Estadão, CNN Brasil, G1, O Tempo, Gazeta do Povo, and Valor Econômico.
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