The president (PT) vetoed points of the project that flexes the Clean Record law because they could benefit the former president (). Technicians from the National Congress and even Government politicians evaluated that, as the matter was written, this chance was remote. Planalto preferred to fully exclude this possibility.
Excerpts were taken from the text that restricted ineligibility to politicians who had been elected, but with suspended diploma or mandate cassation. In addition, excerpts were suppressed that provided for the retroactive application of the rule.
The proposal was at the beginning of the month with great effort by the president of the House, (Union-AP). It was also supported by the president of the PP, Senator Ciro Nogueira (PI), the former mayor, and the former governor of José Roberto Arruda.
Cunha and Arruda were convicted of proceedings and try to return to elective positions, hence their interest in the project. The author of the proposal was Deputy Dani Cunha (União-RJ), daughter of the former mayor. Arruda called several senators asking for votes in favor of the proposal.
There is still no consensual analysis in Congress about what will happen to the presidential veto. House and Senate leaders heard by Sheet Under reserve condition, they are not sure if I will strive to overthrow Lula’s measure and restore the text as approved by the Legislature – for this, it needs to mark a session of Congress and have the vote of most deputies and senators.
Rejecting the veto would be a stress in the relationship between Alcolumbre and Lula, today allies. The president of the Senate, as well as the mayor, (-PB), had lunch with the head of government on Tuesday (30).
According to Motta, the veto to parts of the Clean Record Law, which had other matters such as provisional measures and the. According to government sources, Lula did not hear complaints from the presidents of the two houses about the veto.
There is an assessment that the calendar for presidential veto analysis is tight, and that there are more urgent ones. It also weighs the wear and tear of demonstrating, again support for an unpopular theme a year before the elections. Changes in electoral rules will only be valid in the next elections if they are implemented at least one year before the election. That is, until October 4th.
In addition, Lula sanctioned one of the politically sensitive points of the project, which changes the milestone of the ineligibility of the election for diploma. It seems a mere formality, but in practice it can make politicians ineligible for only one national election instead of two.
The project approved by the Congress established the ineligibility for the politician convicted by, in a final decision or issued by a collegiate body, “for serious behaviors able to imply the cancellation of records, diplomas or mandates.”
In the justification of the veto, the government stressed that the proposal opened margin to restrict the application of ineligibility only to elected candidates and those who had the registration rejected, which would weaken the scope of the current legislation.
This would therefore exclude situations such as Bolsonaro, who did not hold an elective office when he was convicted, which could rule out the ineligibility already imposed.
“This scenario contradicts the logic of protection of the legitimacy of the electoral process, as it restricts the reach of sanction only to cases in which abusive practice has become an effective mandate,” the justification points out.
Bolsonaro was (Superior Electoral Court) for abuse of political power, in the case of; It is economic, by September 7, 2022. The TSE’s decision happened in 2023, when he was no longer president.
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 decision, the cassation did not occur only because the “beneficiary plate of abusive conduct was not elected”.
Earlier this month, when the bill was voted in the Senate, the Government leader in Congress, Senator Randolfe Rodrigues (PT-AP), even proposed an amendment to change this stretch. Randolfe’s suggestion was not accepted, but there was an agreement between the senators about a new writing, and the reading that Bolsonaro was no benefit was prevailed.
The suppression of this point was later suggested by the Ministry of Justice and Public Security, which led to the presidential veto.
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 or twelve years, in cumulative cases.
The text was published on Tuesday (30) in the Official Gazette.
Another vetoed section changed the initial deadline for counting and the ineligibility criteria for abuse of economic or political power.
In many cases the penalty only counts after the final judgment of the lawsuits 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.
Among the vetoed sections is also the retroactive for new rules. The text approved by the Congress determined that the new rules on deadline counting in cases of misconduct would also apply to ongoing processes and already judged.
In addition, it provided that the maximum limit of 12 years of ineligibility would also apply to those who were already ineligible. However, these two devices did not come into force.
Without retroactivity, the changes apply only to future cases. Those who were already ineligible will not be able to request automatic revision of the deadline to benefit from the 12 -year limit or connection rules.
On Tuesday (30), the Institute did not accept corruption criticized the new law by saying that it disfigures the heart of the Clean Record Law, establishing widespread reductions in the deadlines of ineligibility, and substantially relieves its form of counting.
In the organization’s evaluation, the Clean Record Law is one of the few legal instruments in force from a popular initiative project. For the group, when trying to change its rules, Congress would be legislating in its own case.
“It is legislated again in its own cause to abbreviate the return to the political life of violators of the law, to the shiver of the principles of impersonality, administrative morality, the prevalence of public interest, characterizing a true act of abuse of legislating power, such as the armor PEC,” he said in a statement.
