A entered the fifth time on the project agenda to be voted by. The author of the text is Deputy Dani Cunha (União Brasil-RJ), daughter of former mayor Eduardo Cunha ,.
The Senate President, (Brazil-AP Union), included the bill as first on the list of voting on Tuesday (26). The text has been on the House plenary agenda in August, September and October 2024, in addition to March this year.
It has already been approved in the House and depends on the Senate’s endorsement to be sent to the sanction of President Lula (PT).
The main change that the project establishes is the limitation of the ineligibility period of politicians framed in the Clean Record Law to eight years. Currently, in practice, this period can be much higher.
The current law currently establishes that the eight -year period must be counted only from the final judgment of the conviction, when no further appeals in court. Moreover, if the politician has an elective position, the time of ineligibility is added to the remaining time of the mandate.
If there are other ineligibility processes, the period without disputing elections may accumulate and be even greater.
The bill on the Senate agenda sets the punishment in eight years from the court decision, the conviction, the election in which the illicit or resignation occurs – in cases where the accused leaves his position to prevent punishments. The remaining term of office will no longer enter the bill if the text is approved.
In addition, the proposal establishes a 12 -year ceiling of ineligibility for situations in which a politician is punished in more than one case.
Initially, the proposal under discussion in Congress that could benefit the former president (), but the device was withdrawn by the text rapporteur in the Senate.
Bolsonaro and the former minister (PL) were (Superior Electoral Court) for abuse of political power, in the case of, and economic, by September 7, 2022.
The former president did not have revoked his candidacy registration-he also not suffered a loss of the diploma or the mandate, since he was not elected. This would allow an argument to reverse ineligibility, as the original proposal was linked this punishment to the revocation of registration of candidates, diplomas or mandates.
Senate project rapporteur, Weverton (PDT-MA), accepted a suggestion from the Government leader in Congress (PT-AP) to.
The wording proposed by him maintains the ineligibility for cases of severe behavior, but suppresses the stretch that conditioned this penalty to the revocation of records, diplomas or mandates.
One of the creators of the current law currently, lawyer Márlon Reis criticized the proposal discussed by the senators. “The greatest severity of this project is in the drastic reduction of the deadlines for ineligibility,” he said.
The Clean Record Law came to be in 2010. In 2018, today’s president. The petista, at the time, was arrested in Curitiba because of Operation Lava Jato.
The law has popular support, but is criticized in both the political and in the legal environment. “Without wanting to offend anyone, already offending, this law was so badly done that it seems that it was done by drunks,” the minister of (Supreme Court) in 2016.
In February, Bolsonaro defended the revocation of the law and said it would only serve to “pursue [a] right”.
For a candidate to be framed and, consequently, loses his political rights by the Clean Record Law, he must be convicted by a collegiate body in the crimes provided for in the legal text itself or to fit the other requirements brought by the provision.
