Marcelo Castro resisted the pressure of peers in the Federal Senate CCJ and rejected changes in the text of the new Electoral Code that also sought to bring the printed vote
The Senator (MDB-PI) resisted the pressure of peers in the Federal Senate Constitution and Justice Commission and rejected changes in the text of the new Electoral Code that sought to bring printed vote, remove excerpts that punished disclosure of electoral misinformation and removed the quarantine of two years to security agents, the judiciary and the prosecutor. He only partially gave in and included in the new text an amendment that ensures the absence of crime in the case of “critical manifestation to electoral service or electoral jurisdiction.” “The mere criticism or opinion about the electoral service and the process of voting, calculation and totalization of votes does not constitute the crime of dissemination of untrue facts,” says Castro.
Castro had inserted an article in the new code that criminalizes disseminating or sharing, in the context of electoral propaganda, “untrue” facts to cause discouragement to the exercise of vote or delegitimation of the electoral process. Those who do the same on the internet in three months before the election can receive a fine of $ 30,000 to $ 120 thousand reais, also according to the newsroom. This part caused a nuisance among former president supporters. “We are dealing with censorship,” said Rogério Marinho (PL-RN), the Senate opposition leader. “This is much more an ideological compendium. An attempt to criminalize freedom and institutionalization of fake news, which is not a penal type,” said Magno Malta (PL-ES).
It also caused controversy among senators the imposition of quarantine of two years for police, military, judges and promoters. Originally, Castro had suggested four years of unzipping these professionals from their respective positions to be able to participate in an election and chose to reduce to two years. They pressured the rapporteur, especially senator and former Judge Sérgio Moro (Union-PR), Senator and former Civil Police Alessandro Vieira (MDB-SE) and Senator and Military Hamilton Mourão (Republicans-RS). “It does not make the slightest constitutional sense. They are trying to practice discrimination against the category of public security based on lessons,” said Vieira. It also caused controversy among senators the imposition of quarantine of two years for police, military, judges and promoters.
Originally, Castro had suggested four years of unzipping these professionals from their respective positions to be able to participate in an election and chose to reduce to two years. A technical note from the Sou da Paz Institute, a non-governmental organization that operates in the field of human rights, says that the quarantine “protects military troops and corporations against excessive politicization” and “is crucial to preserving democracy.”
“This measure represents an essential safeguard for preserving the independence and neutrality of security forces, protecting the hierarchical structure of these institutions and safeguarding them from party influences that can compromise their integrity and functioning,” the organization says in the note. Castro said it was “adequate to establish special rules of ineligibility for magistrates, prosecutors and police and military, since they are categories that have equally special treatment when in the performance of their duties.”
The rapporteur published the latest version of the text on the night of Monday, 7, two days before the vote on the complementary bill, which will be on Wednesday, 9. There are few changes compared to the previous proposition. New text of the Electoral Code was presented on Monday and increases the list of possibilities of arrest on election day. Another more significant change includes two more new exceptions that allow for election day. Now, members of criminal organizations who have interfered in the electoral process can be arrested and who has been open arrest warrant.
Brazilian law does not allow arrest or detention on election day and within 48 hours. The exceptions are in the case of blatant offense, or due to a conviction for an unenforceable crime, or even disrespectful to the safe conduct. This suggestion to the text came from Senator Eduardo Girão (Novo-CE). “All these exceptions reflect the search for balance between the protection of the right to vote and the need to guarantee safety, public order and the integrity of the electoral process,” he argued. Civil society organizations say the new Electoral Code weakens Clean Record Law and Penalty for Purchase of Votes
Estadão showed in June that civil society organizations indicate that the text of the new Electoral Code weakens the Clean Record Law, the penalty of buying votes and the quotas for candidacies of women, blacks and indigenous people. The counting of the period of ineligibility is now made from the conviction by a collegiate body, without mentioning the need to serve the penalty previously, which enables candidates still submitted to the execution of a penalty to compete for elective positions. In the case of buying votes, the new text says that, in order to revoke the diploma, registration and mandate of a candidate, it is necessary to “measure the gravity of the circumstances”, among them that the case of voting of vote would have altered the electoral result.
In the current legislation, the mere act of buying the vote is enough to apply the punishment. The penalty is up to four years in prison and fine, in addition to the possibility of revoking the candidate’s registration or diploma. In the case of ineligibility, the counting of eight years of ineligibility occurs after serving the sentence.
Regarding minority quotas, the new text says that funds for the candidacy of women and black people can be used for shared expenses with male claims, “as appropriate, to their own judgment.” In this case, under the justification of some common benefit, the appeal that should be destined for black women and men can be sent to white men. Today, parties need to allocate 30% of the Electoral Fund for women’s applications. In the case of blacks and indigenous people, the transfer must obey the proportionality of black and indigenous people within their structures.
*With information from Estadão Content
Posted by Fernando Dias
