The Senate should resume, on Tuesday, the vote on the bill that reduces the ineligibility period for condemned politicians defined by the Clean Record Law. The proposal vote, which has been postponed since last year, is on the agenda of the day.
According to the text, the period of ineligibility remains eight years, but begins to be counted from the conviction, and no longer after serving the sentence, which would reduce the period away from the polls.
The bill was approved by the House in 2023 and, if there is no changes in the text chancelled by the deputies, the initiative goes to sanction or presidential veto. In the Senate, the rapporteur, Weverton Rocha (PDT-MA), kept the text approved by the House and only made writing adjustments without changing the merit.
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“The term legislation thus leads to different periods of ineligibility, depending on the moment of loss of mandate. It may occur on a parliamentarian revoked by the respective Legislative House becomes ineligible for 8 years or even 15 years, depending on the case,” justifies Weverton in his report.
In the past week, the Senate Constitution and Justice Commission approved the new Electoral Code, another project that also brought the same change in the clean record. By the text approved in the collegiate, condemned politicians will become ineligible for a maximum of eight years from the decision that applied the sanction. This project, however, has not yet reached the plenary.
Organizations do not accept corruption, International Transparency Brazil, Association Know, Movement to Combat Electoral Corruption, Party Transparency and Democracy Pact released a note earlier this year, in which they criticize the project and say it was not debated sufficiently.
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“In a diametrically opposed sense of the approval of the Clean Record Law, civil society was absolutely and unduly sought of the process of building PLP 191/23, and there was no public debate on the subject of such relevance and that implies weakening the project originally presented by popular initiative,” says the note.
See the main points:
The project reduces the duration of ineligibility by anticipating counting. This deadline remains eight years, but would be counted from the time of conviction and not after serving the sentence.
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The initiative also establishes a 12 -year ceiling for the ineligibility period.
The initiative also determines that it is necessary to prove the deceit when the politician commits acts of misconduct.
The text also expands from four to six months the period of disintegration of candidates who are members of the Public Prosecution Service, the Public Defender’s Office, military and police.
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As the globe showed, the changes have the potential to benefit former mayor Eduardo Cunha, who is the father of Deputy Dani Cunha (União-RJ), author of the bill. Former governors Anthony Garotinho (RJ) and José Roberto Arruda (DF) would also be affected.
Today, politicians framed by common crimes are ineligible during the execution of the sentence and for another eight years. In addition to determining the anticipation of the counting of this period, the project limits to 12 years the maximum period that the sanction can be applied, even in cases where there is more than one conviction.
The initiative also increases from four to six months before the elections the period of disinfit, that is, the removal of office, for candidates who are “members of the Public Prosecution Service, the Public Defender’s Office, the police, civil and military authorities and those who have held position or function of direction, administration or representation in class representative entities”.
