O peso da corrupção: o julgamento do STF sobre o financiamento empresarial em campanhas eleitorais na ADI 4650

Abstract

The research examines the extent to which Direct Action of Unconstitutionality (ADI) No. 4650 reflected disputes between political and economic elites within the Brazilian Supreme Federal Court (STF), based on the 2015 ruling that declared corporate financing of electoral campaigns unconstitutional. The theoretical framework draws on contributions from the Sociology of Law, which conceptualizes the STF as an arena of dispute among political groups, guiding the analysis toward an understanding of how legal reasoning and social pressures intertwine in the decision-making process. Methodologically, the study employs documentary research and thematic content analysis applied to the initial petition, the justices’ opinions, the 2013 public hearing, and the amicus curiae submissions. The results indicate a predominance of arguments grounded in the principles of equality (isonomy) and anti-corruption, mobilized by different actors involved in the proceedings. These arguments reveal the construction of a discourse in defense of political equality and the integrity of the democratic process in a context marked by the emergence and consolidation of Operation Car Wash and the increasing delegitimization of the political system. A low level of mobilization of the right to freedom of expression was observed, as it was treated marginally in comparison with the emphasis placed on republican values and the fight against fraud. This suggests that the decision was influenced by both legal reasoning and the broader social pressures of that period. The research contributes by highlighting the role of the STF as a space of symbolic and institutional dispute among political groups, shedding light on the limits and potential of judicial review in contexts of representative crisis.