President Luiz Inácio Lula da Silva sanctioned with vetoes the project of changes in the Clean Record Law approved by the Senate at the beginning of the month. Lula vetoed the devices that, in practice, would reduce the period of ineligibility of politicians. The measure will be published in the Federal Official Gazette this Tuesday.
As reported by Globo, he followed recommendations from the Union Attorney General (AGU) and the Ministry of Justice who, in technical opinions, asked the President to veto precisely the excerpts that would reduce the period of ineligibility of politicians affected by the norm and that allowed the retroactivity of the effects of change in law. The president vetoed the devices within the legal deadline to do so.
Lula vetoed the change in the dynamics of ineligibility deadlines and the retroactivity of the application and cumulation of these deadlines, in order to avoid reducing the time in which convicted politicians are prohibited from applying.
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The Senate had approved at the beginning of the month the text that changed the count of ineligibility in some cases defined by the Clean Record Law. Today, this period is eight years and, for convicted politicians who hold a position, is counted from the end of the mandate and the execution of the sentence. The main change approved by the Senate was to anticipate when this penalty would begin to be told: it would start to be valid from the conviction, and no longer after serving the sentence, which would reduce the period away from the ballot boxes.
Another change vetoed by Lula is the change to convicts in a final decision or rendered by a collegiate judicial body, whether or not in office. Today, the eight years of prohibition of participation in electoral claims are counted from the execution of the sentence. The Senate changed the rule so that the deadline was met “from the (…) conviction”, except in cases of crimes against the public administration, in which the count would continue from the execution of the sentence.
Despite the risk of potential wear in the relationship with, the assessment in the Planalto is that there is no political climate for the approval of setbacks in the clean record, especially after popular mobilization contrary to the armor PEC.
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Now Congress must appreciate the vetoed devices again. To overthrow Lula’s veto, the majority (more than half) of the votes of deputies and senators are required. Therefore, at least 257 deputies and 41 senators must vote separately by the overthrow. Otherwise, the veto is maintained.
