Senate CCJ analyzes new Electoral Code

by Andrea
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Complementary bill has almost 900 articles bringing together electoral and partisan legislations

The (Constitution, Justice and Citizenship Commission) of Vota, this Wednesday (11.JUN.2025), from 9am, the new Electoral Code. With almost 900 articles bringing together electoral and party legislation, the PLP (Complementary Bill), the new code unifies, in 23 books, a series of rules that are scattered today.

Among the main changes in the text is the right to audit the electronic voting system, the prohibition of mass shots of unreserved electoral messages, the increase of requirements to create new parties, the extent of the competence of the Electoral Justice to judge actions on conflicts within the parties and the reserve of 20% of vacancies in the legislature to women.

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The bill, which originated in and has had 343 amendments, has a rapporteur of the senator (MDB-PI).

Of the amendments presented to the text, 47 were accepted by Castro in their substitute (alternative text). Other modifications in the report derive from suggestions heard those promoted by the CCJ on the project.

The proposition needs to be sanctioned by October 3 this year for the law to be applied in the 2026 elections.

The New Electoral Code will regulate topics such as:

  • Electoral Crimes;
  • Cassation of registration, diploma or mandate;
  • Electoral research;
  • Political propaganda;
  • financing and accountability of candidates;
  • Electoral observation.

In practice, in addition to innovations, the project aims to consolidate, in a single law, the electoral and party legislation.

The texts to be replaced by the new standard are:

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  • Electronic ballot box audit

One of the main news is the book that regulates the audit of the electronic ballot box. The project ensures that various institutions are the right of inspection and continuous audit in the source codes, software and electronic systems of biometrics, voting, calculation and totalization of the votes.

  • 20% of vacancies for women

Another innovation is the reserve of 20% of chairs in the House and Senate for women. Castro accepted the proposal of Senator Eliziane Gama (PSD-MA).

To achieve this percentage, it is possible to replace the man candidate who occupies the last vacancy for the criterion of the highest averages by the most voted candidate of the same party, provided that it has obtained a vote equal to or greater than 10% of the electoral quotient. The party will lose the vacancy if it does not have a candidate who meets this requirement.

  • Digital Content

Candidates and parties will be able to boost digital content for pre-campaign dissemination, from the beginning of the election year, with a value limited to 10% of the expenditure limit of the intended position.

The rapporteur added limits to donations made by individuals linked to the campaign spending of the beneficiary candidate. Donations are limited to 10% of the limits provided for campaign spending in the position in which the candidate competes.

In the case of campaigns with spending limit of up to R $ 120 thousand, the maximum percentage allowed for donations by individuals rises to 30% of the limits.

The project also typifies the crime of “cash 2” – donation, receipt or use of resources without accounting and outside the hypotheses of electoral legislation, even outside the electoral period.

With information from the Senate Agency.

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