Justice André Mendonça of Brazil's Superior Electoral Court will serve as the judge rapporteur for a legal petition seeking to strike down a 15 percent increase to the Bolsa Família welfare program announced by President Luiz Inácio Lula da Silva.
Federal Deputy Zé Trovão of the opposition Liberal Party submitted the lawsuit on Thursday, September 17, demanding that the electoral tribunal revoke the executive decision announced just 17 days before the national election.
The opposition lawmaker argued that the timing chosen by President Lula risks unbalancing the electoral contest. The congressman based his challenge on Article 73 of Brazil's Electoral Law, which prohibits public administrations from distributing free goods, values, or financial benefits during election years, with exceptions restricted to social programs already established by law and actively operating within the budget during the previous fiscal year.
Opposition challenge to election timing
Zé Trovão stated that the electoral judiciary must evaluate the circumstances surrounding the adjustment. He said the dispute is not about the entitlement of families who rely on the program, but concerns the deployment of a far-reaching public policy immediately ahead of a national vote.
The congressman added that his action does not challenge the legitimacy of Bolsa Família itself, but questions the timing and magnitude of the decision. He argued that with 17 days remaining before Brazilians head to the polls, a 15 percent increase directed to almost 20 million families cannot be overlooked by electoral judges.
Terms of the benefit increase
President Lula announced the adjustment on Thursday, raising the minimum baseline payment from 600 reais to 691 reais. The average payment distributed to registered households will rise from 675 reais to 777 reais under the new measure.
According to the Ministry of Planning and Budget, the 15.04 percent raise represents an adjustment for accumulated inflation as tracked by the National Consumer Price Index. The ministry confirmed that the updated disbursements will take effect in October.
The financial adjustment carries an estimated fiscal cost of 5.8 billion reais for this year, and government forecasts anticipate the expenditure will reach 22 billion reais in 2027. The administration indicated that it will formally revise the Annual Budget Bill currently pending before the National Congress to accommodate the additional spending.
Program history and court review
Bolsa Família was initially established in 2003 to provide direct income assistance to impoverished households across Brazil. The flagship assistance initiative was later suspended during the administration of former president Jair Bolsonaro, a member of the Liberal Party, before being restored in late 2020.
As the assigned rapporteur, Justice Mendonça will review the petition and manage the case as it moves through the Superior Electoral Court. The tribunal holds jurisdiction over federal election procedures and reviews complaints alleging the misuse of public administrative powers to influence voters.
