Unanimous decision provides for double accountability of politicians; Common Court will judge cases in the civil sphere
Unanimously, the Federal Supreme Court (STF) decided on Friday (6) that the practice of box two in electoral campaigns can also be punished as act of administrative improbity.
With the understanding formed by the ministers, politicians accused of campaigning with unaccounted resources could be held doubly responsible: electoral crime and improprietyif there is evidence of the commission of both.
The issue was defined during the virtual trial of the Court’s plenary session. Electronic voting began in December last year and ended on Friday.
The vote of the rapporteur, minister Alexandre de Moraes, prevailed in the trial. The minister stated that the spheres of accountability are independent and defined that it will be up to the common courts to judge cases of administrative improbity that are also treated as an electoral crime.
Currently, acts of improbity are judged in the civil sphere, while the practice of slush funds is the responsibility of the Electoral Court.
Moraes’ vote was followed by ministers Cristiano Zanin, Cármen Lúcia, André Mendonça, Dias Toffoli, Edson Fachin, Luiz Fux, Flávio Dino, Nunes Marques and Gilmar Mendes, who followed the rapporteur with reservations.
*With information from Agência Brasil
