The election calendar is underway, and along with it, questions may arise regarding some specific elements that make up the Brazilian electoral landscape. One of these questions is the Barrier Clause.
Also known as the performance clause, it was established through Constitutional Amendment No. 97, approved in 2017, and establishes a progression of electoral requirements over the years for parties to have access to public resources and airtime on radio and television.
Since the electoral reform that established the rule, the number of parties holding seats in the Chamber has fallen from 30 in 2018 to the current 19. As a sort of benchmark, the clause requires more votes – that is, greater representation – in each election for parties to have access to resources.
In 2018, the clause required 1.5% of the national vote or the election of nine federal deputies for the parties. In 2022, the limit rose to 2% of valid votes or 11 elected deputies. Now, in 2026, parties must elect at least 13 federal deputies or reach 2.5% of the national valid votes, with at least 1.5% in each state, distributed across at least one-third of the federative units.
What are the effects of the performance clause?
Its main objective is to strengthen parties with greater national representation, aiming to reduce party fragmentation. However, in recent years, this mechanism has been the subject of debate and concern for some political parties. This is because, although it is not a rule capable of "extinguishing" a party, or even preventing them from contesting elections and electing candidates, as it increases, it becomes an obstacle to the actions of some.
In practice, if the party does not achieve the expected performance, it continues to exist and can still field candidates. However, it loses access to the Party Fund and free airtime on radio and television, which can be crucial for conducting a more widespread campaign.
The scenario for smaller parties is one of greater difficulty in gaining traction at the polls, as they may end up competing without these two powerful tools.
A new party map is being built.
By 2026, we are already beginning to see the impacts of this mechanism, with surveys pointing to the risk of some political parties and federations not achieving the necessary performance. Because, in addition to simply adding up the votes or electing enough representatives, it is essential that the vote is distributed across the country.
Given this, many captions have resorted to party federation – temporary merger between political parties, which then operate as a single party in Congress for at least four years.
Currently, the party landscape already features several federations. These are: the PSOL/Rede Federation; the PSDB/Cidadania Federation, which will soon be dissolved; the Brazil Hope Federation, which includes the PT, PCdoB, and PV parties; the Solidarity Renewal Federation, which includes the PRD and Solidariedade parties; and the Progressive Union Federation, formed between União Brasil and Progressistas parties.
It is noticeable that, throughout the last elections, the performance clause has fulfilled its intended role of gradually reducing party fragmentation. However, the space for new leaders in this context must be considered.
What is becoming increasingly clear is that the political landscape emerging from the October 2026 elections will hardly resemble that of previous years, creating a new power dynamic.
What does this mean for those who are already members of parliament or intend to run for office in 2026?
- The party affiliation window has already closed. The period during which members of parliament could switch parties without risking losing their seats was from March 5th to April 3rd, 2026. After that date, any change of party is only possible with proven just cause — so, if the idea was to migrate from a party at risk under the clause to a more consolidated one, that option is no longer available in a "free" manner.
- Party conventions take place between July 20th and August 5th. This is the time when candidacies, coalitions, and the position of each party within any potential federations are defined. It's worth closely monitoring how your party is positioning itself on this chessboard.
- The deadline for registering your candidacy is August 15th. Before making a final decision about which party to run for, it's worth checking if the chosen party risks not meeting the electoral threshold.
- Federations change the internal rules of the game. If your party is part of a federation, understand that the rules of party loyalty apply as if it were a single party. This can change the dynamics of nominations, representation in parliamentary groups, and even future migration strategies.