Call approval “mini electoral reform” by the Chamber of Deputies may end up being questioned in the . Experts consulted by CNN assess that sections of the project that make punishments for political parties more flexible and change rules for monitoring the Electoral Court have the potential for judicialization in the Court.
relaxes punishments, in addition to creating a kind of Refills electoral (Tax Recovery Program).
One of the project’s possibility of installments, in up to 180 monthsof fines applied to parties, including those imposed before the approval of the text.
also establishes a ceiling of R$30,000 for fines arising from disapproval of accounts. Furthermore, the trial of these cases may be terminated after three years, if not completed within this period.
For lawyer specializing in electoral law Alberto Rollo, the changes reduce the effectiveness of punishments imposed by the Electoral Court.
“The party owes millions of reais. If you’re going to pay every 30 thousand, you’ll never pay. This is impunity”, he told CNN.
According to Rollo, the project creates a scenario of excessive relaxation of sanctions applied to political parties. “It allows the repayment of these fines and debts over up to 15 years. This generates impunity,” he said.
Another point considered sensitive involves the new rules for digital advertising. The text allows parties to register official numbers for automated sending of messages to previously registered voters, without this being considered irregular mass shooting.
In the opinion of critics of the proposal, the measure could expand automated campaigns in messaging applications and make it difficult to monitor voters’ consent.
“In addition to free election hours on radio and television, we will have to receive emails, spam, WhatsApp without authorization and we will not be able to do anything”said Alberto Rollo.
“The one who comes out at a disadvantage is always the voter, it is always society. All of these measures go against the interest of society, of having more transparency in the payment of fines and more transparency in sending messages”, he said.
In the opinion of the Constitutional Law professor at UERJ and FGV Rio Wallace Corbo, this is the section with the greatest potential for judicialization in the STF.
According to Corbo, the device can open discussion on constitutional electoral rules, especially the principle of electoral precedence, according to which changes that affect the electoral process can only take effect from the following elections.
“Here there is something about this legislation that is in fact electoral and can eventually be discussed before the Supreme Court, for example, with the rule of precedence, the rule that legislation that affects elections can only take effect for the election that takes place from the following year onwards, therefore it would not affect this election”, he stated.
The project still needs to be analyzed by the Senate before proceeding to presidential approval.
“We are not yet facing a law, but a bill, and this limits the possibility of judicialization at this moment. The Supreme Court’s understanding is that, for there to be a judicial questioning, the rule must have been approved, sanctioned and promulgated, which has not yet happened. Therefore, there is still room for a change of direction in the Senate, whether with changes to the text or even with the rejection of the proposal”, said Corbo.
