The text includes a debt refinancing program for political parties and the amnesty of fines for non-compliance with racial quotas
The National Congress will promulgate this Thursday, the 22nd, at 3:30 p.m., the constitutional amendment that provides for the transfer of 30% of electoral resources to black and brown candidates. The text also includes a debt refinancing program for political parties and the cancellation of fines for non-compliance with racial quotas, provided that the resources are used in the next four elections.
The amendment became known, during its development in the Legislature, as Amnesty PEC. The proposal, in practice, reduces the percentage of transfers to black and brown candidates. According to the current rule, this slice must be proportional to the number of black candidates, as defined by the Superior Electoral Court (TSE) and approved by the Supreme Federal Court (STF). In other words, if the proportion of black candidates is 50% of the total number of candidates, the overall transfer must be 50% for blacks and browns, as was the case in 2022.
According to the text approved by Congress, this transfer will be 30%. “Of the resources from the Special Fund for Campaign Financing (FEFC) and the Special Fund for Financial Assistance to Political Parties (Party Fund) earmarked for electoral campaigns, political parties must, mandatorily, allocate 30% (thirty percent) to the candidacies of blacks and people of color in the constituencies that best meet the interests and strategies of the parties,” defines the text approved by deputies and senators.
Furthermore, the constitutional amendment that will be promulgated by deputies this Thursday also stipulates that any failure to comply with racial quotas in past elections must be ignored, provided that, in the next four elections, political parties make up for this difference. Since it is a constitutional amendment, the changes it imposes are not subject to the annuality rule (which stipulates that, for the predictability of elections, any law that changes the electoral rules can only be applied if passed more than a year in advance).
Accordingly, what in practice could mean a reduction in transfers applies from this year’s elections onwards. The text also creates a program for refinancing party debts, with exemption from interest and fines, applying only the monetary correction of values ​​over time. Social security debts can be paid up to 60 months (i.e. five years) and other outstanding debts within 180 months (i.e. 15 years). Party fund resources, used to maintain the party structure, can be used to pay these debts.
Source: Terra
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