STF minister reinstates Tocantins governor Wanderlei Barbosa after three-month suspension

Minister Nunes Marques of Brazil's Supreme Federal Court (STF) has granted an injunction allowing Wanderlei Barbosa of the Republicans party to return to his position as Governor of Tocantins. The decision, published on Friday, 5 December 2025, temporarily revokes a suspension imposed three months ago by the Superior Court of Justice (STJ) over allegations of embezzling public funds during the Covid-19 pandemic.

The governor's lawyer, Felipe Fernandes, confirmed the information. In a statement, Barbosa's defence said it "receives with serenity the decision issued by the Supreme Federal Court today, which enables his return to the office for which he was legitimately elected." The injunction must still be ratified by the STF's second panel.

Judge Cites Risk of "Grave Instability"

In his ruling, Minister Nunes Marques argued that the suspension caused an impact on the continuity of Public Administration on the eve of an electoral year, "generating grave political and legal instability." He stated that removing a head of the executive branch requires robust justification and unequivocal demonstration of necessity.

The minister noted that the Attorney General's Office had opposed the suspension during the proceedings. He also pointed out that the evidence gathered by police did not appear to be "contemporary to the precautionary removal measure."

Allegations and Defence

Governor Barbosa had been suspended since September 2025 due to suspicions of diverting public resources in contracts for purchasing basic food baskets during the Covid-19 pandemic. The investigation is ongoing.

"Furthermore, the indiciary elements collected by the Federal Police did not demonstrate the existence of a concrete risk to the application of criminal law or to public order when the precautionary removal of the patient was determined," affirmed Nunes Marques in his decision.

Next Steps and Context

The case now returns to the STF's second panel for a final decision on the suspension. The injunction allows Barbosa to resume his duties immediately, pending that review. The governor, affiliated with the Republicans party, was elected for the 2023-2026 term.