President Luiz Inácio da Silva (PT) vetoed excerpts from the proposal that flexes the Clean Record Law and, according to three sources of the government and.
One of the vetoed sections changed the initial deadline for counting and the ineligibility criteria for abuse of economic or political power.
The other vetoed change is in relation to proceedings already moved by res judicata, the so -called res judicata. The details about Lula’s decisions will be published in the Federal Official Gazette on Tuesday (30).
It is up to Congress to appreciate Lula’s vetoes later. Deputies and senators may maintain or overthrow the decisions of the President of the Republic.
And it decreases the period during which people who were convicted or had their mandates are without political rights, with a maximum period of eight years.
Although current legislation already speaks of ineligibility for eight years, in many cases the penalty only counts after the final judgment of the proceedings or after the end of the mandate in which the abusive practice occurred.
Thus, the conviction currently leaves the politician out of dispute for two elections for the House or, for example.
The approved project anticipates this count for diploma. With this, even if it is eight years ineligible, a politician loses the chance only to run for an election to the House or Senate, not two.
In addition to changing the start of counting, the proposal limits the ineligibility to 12 years if there is more than one conviction.
The bill was presented by federal deputy Dani Cunha (-RJ), daughter of Eduardo Cunha (-RJ), and approved by the Chamber the touch of cash in September last year.
Cunha has been ineligible since 2016, when he had his mandate revoked by the House plenary for lying about his bank accounts abroad. With the approval of the bill, it is expected that it will be able to compete in the 2026 elections.
By current rules, the eight-year period of ineligibility would be calculated from the end of the revoked term in 2018, which could leave it out of the polls next year.
After the approval of the proposal in the Senate, the president of the House, (União Brasil-AP), defended the change. “I make a point of this modernization, this update of the Clean Record Law legislation to give the legislator’s spirit when the law vote. Inelegility cannot be eternal. It is in the text of the law eight years, it cannot be nine or 20.”
Senator Marcelo Castro (MDB-PI), in turn, said the proposal hurts “death the spirit of the clean record” by changing the counting of ineligibility.
“Because [é de] eight years? Not nine, not seven, not six? Because eight years are two elections. So the Spirit of the Clean Record Law is that those who have been punished inelatedly be two elections out of the election. With this law that we are approving now, no one for electoral crime will be two more elections out of the election, “he said.
In his latest report, Senator Weverton (PDT-MA) accepted an amendment by the Government leader in Congress, Randolfe Rodrigues (PT-AP), and changed an article that, experts, could favor Bolsonaro.
The text said that the loss of political law would only be allowed when the convict for abuse of economic or political power had behaviors that could “imply the revocation of records, diplomas or mandates.”
Bolsonaro was (Superior Electoral Court) for the practice of abuse of political power, in the case of; and economic, by, on 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. According to the TSE’s decision, the cassation did not occur only because the “beneficiary plate of abusive conduct was not elected”.
The amendment accepted by the rapporteur removes the mention of the revocation of records, diplomas or mandates, that is, no longer opening the gap for Bolsonaro to benefit.
