The text that will be analyzed by the Senate CCJ opens a violation for the approval of millionaire bankruptcies in the supply of party accounts and increases rigidity with research institutes
Brasilia – The Constitution and Justice Commission (CCJ) of Senate The proposal of a new electoral code will begin to discuss Tuesday 8. The text, which has 464 pages, opens a violation to approve the accounts with failures of the millionaire party. In addition, the text increases rigidity with research institutes and electoral campaigns in the virtual environment.
During the audits, which will be coordinated by the servants of electoral justice, institutions may require clarifications. Public events for security tests should also be offered to the population.
New deadlines of inadmissibility
The new code states that the period of ineligibility will be eight years after the year following the elections in which they would have committed an electoral crime and no longer the date of the first round of the elections.
For example, former president Jair Bolsonaro (PL) is not admissible, after the decision of the Superior Electoral Court (TSE), until October 2, 2030, that is eight years after the first round of 2022. If the sentence occurred after the approval of the electoral code, the punishment would be valid until January 1, 2031.
Disinstantibility of judges and military
If they want to request public offices, judges, public ministries, federal police, federal, civil and military roads, municipal guards and members of Armed forces They should move away from their positions four years before the elections provided.
Currently, the rule is that these public employees should leave positions between three and six months before the elections, depending on the function.
For other servers, the code states that the candidate must move away from the function immediately after choosing the name in a part of the parties.
Electoral crimes and cassation of the mandate
The code includes a fine for the following electoral crimes:
- Fraud
- Abuse of economic or political power
- Improper use of the media
- Illegal capture of suffrage
- Electoral corruption
- Conduct prohibited to public agents
- AGREEMENTS sold on the internet
- Donation, capture or illegal expense of resources for the campaign
The text also tries to preserve the mandates of elected politicians and states that the Cassation should only occur when the “gravity of circumstances” is recognized, such as the possibility of influence on the result of the elections. The criteria are:
- Presence of violation of the legal rule
- The candidate’s behavior benefited from the context of illegal practice
- Presence of some form of violence
- Category, flow rate and intensity of calculated transgression
- Probability of causal bond between illegal conduct and the result of the elections
Electoral crimes on the internet
Candidates will be able to increase the contents on social networks for the dissemination of pre-campaign, provided that it does not exceed 10% of the expense limit for the expected position.
Another novelty on the digital campaign is that the orders of the Court to remove the content on the Internet will only occur if violations of the electoral rules are found. Among the political conduct there are:
- Do not inform the voter when a certain political propaganda uses artificial intelligence;
- Diffusion of false facts that can prevent the exercise of the vote, delegitimize the electoral process or undermine the equality of the conditions between the candidates;
- Spread messages of hatred against candidates, parts or coalitions with false or anonymous accounts;
- Invasion of hacker against profiles of candidates, parts or coalitions;
- Mass shots of inexperienced content or unauthorized by users without personal or professional relationships with the candidate, through the use of automation resources;
Quotas for women and blacks
The code determines that 30% of the value applied by the parties in the countryside should be intended for women’s candidates. A proportional distribution of black candidates and women should also be made.
The electoral court must inform, until the beginning of the campaign period, the amounts to be applied in the Candidates’ countryside and also the distribution proportional to candidates and black women. Transfers, in turn, should be made by the acronyms by 30 August.
Political violence against women
Crime of political violence against women has been included, configured in every action or omission that tries to undermine the exercise of the political law of a candidate or a policy with an elective mandate.
The sentence will be one to four years in prison and end, aggravated in a third if the violence is committed against pregnant women, over 60, people with disabilities or blacks, if it occurs in the presence of different people or facilitating the spread of the crime.
Subscriptions necessary for the creation of parts
Currently, it is necessary to collect 0.5% of the votes valid for the last elections for the Chamber of Deputies To create a political party. With the text, the number will triple at 1.5%.
Today, a political party needs 965,977 signatures to be created, considering over 123 million votes for the deputy in 2022. If the code is approved, that number would go to 2,897,933 signatures.
In addition, today it is necessary to have, in at least one third of the states, 0.1% of the electorate who voted in the last elections for the Chamber as a subscriber. In the new project, the percentage rises to 1%.
Modification in the operation of the TSE
There have also been changes in the functionality of the TSE. Now the class of lawyers (two of the seven ministers) must respect the presence of both sexes in the list of pretenders. There cannot be a member of the public service, a retired magistrate and defender who was affiliated to a part in the four years preceding the appointment.
The text also delimits that the judicial and administrative decisions of the TSE that modify the jurisprudence of the Court must observe the annual electoral. That is, it will not be valid in the elections that take place up to one year from the date of validity, except if it tries to protect the suitability of the candidates.
New format to fill vacant places
If the project is approved, only the parties that have reached a 100% equivalent vote of the electoral quotient can participate in the second phase of the vacant places in the elections for deputies and councilors.
Currently, all parties that have obtained a vote equal to or greater than 80% of the party quotient and who have candidates who have reached 20% or more of the electoral quotient can participate. The report also guarantees all parties the controversy for the third phase of vacant places.
The electoral quotient is calculated by dividing the amount of votes valid by a certain position for the number of vacant places for that position. The party quotient is made by dividing the amount of votes valid by a particular party or federation by the electoral quotient.
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Source: Terra
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