A package with changes that benefit political parties months before the start of the election was approved on the 19th and could affect the oversight capacity of the Electoral Court.
The bill had a vote after the first reading of the text, which ended with a score of 367 votes in favor against 86. The proposal for .
The relaxation of rules for paying fines and shortening the statute of limitations for administrative proceedings. They also provide for a ban on blocking party funds and electoral funds during the semester and authorization for sending messages.
Experts consulted by Sheet point out that the reforms can affect the performance of the Electoral Court and criticize the softening of punishments. Some consider that part of the rule consolidates understanding about the individualization of punishments for municipal, state and national directories already pacified by the (Supreme Federal Court).
The project also foresees that the changes will take effect now in ongoing processes and, retroactively, in processes already archived. According to experts, this validity may be considered unconstitutional.
Duration and application
As it stands, the PL provides that the new rules would come into force immediately, which could violate the principle of annuality. The general rule is that changes that directly affect the electoral process are only valid for elections that take place one year after the rule comes into force.
Although the project does not change the Elections Law, but only the Political Parties Law, some rules may not be valid for 2026, says Luiz Eduardo Peccinin, electoral lawyer and doctor from UFPR (Federal University of Paraná).
Furthermore, the changes that mitigate fines, reduce statutes of limitations and eliminate sanctions for parties that have merged would apply to ongoing or final proceedings.
According to Ricardo Vita Porto, lawyer and president of the OAB-SP Electoral Law Commission, this point deserves attention. Retroactive application of deadlines to cases that have already become final can “stress the constitutional guarantee of res judicata”.
Fines and installments
The new rules also include a limitation on the amount of the fine and flexibility in payment conditions. Previously restricted to 20% of the questioned amount, sanctions will have an absolute limit of R$30,000. Furthermore, the payment term was extended to 180 months, i.e. 15 years.
According to lawyer Carla Nicolini, also a member of the OAB-SP commission, the changes help not to compromise the activities of regional party directories in smaller municipalities. However, she ponders the possibility of weakening control and inspection mechanisms for resources that come from public coffers.
Merger and incorporation
If the rule comes into effect, the merger of parties would result in the suspension of judicial and administrative processes involving previous parties until the appointment of a new representative. Furthermore, the created party will not be subject to punishments imposed for irregularities in reporting.
According to Ricardo Vita Porto, as there was an incentive to reduce the number of parties in recent years, many of the parties that merged carried liabilities from the previous parties. The bill would allow financial obligations to be assumed without paralyzing parties by legacy sanctions, he says.
Prescription
The examination of accounts now has a maximum period of three years. After this period, the processes will be terminated. Penalties that include blocking the party fund or suspension of the party body will have a maximum term of five years. At the end of this period, these sanctions are automatically prescribed.
There is also tacit approval of accounts not questioned by the Electoral Court. The technical opinion is automatically considered favorable if errors or inconsistencies are not highlighted within one year after the protocol.
This is one of the points that deserves attention, as “it can transform delays into benefits”, says Ricardo Vita Porto.
Fund blocking
The new rule prohibits the blocking of fund transfers during the election semester. The measure prohibits suspensions due to old debts or lack of accounts, guaranteeing resources to the acronyms during the election.
As Luiz Eduardo Peccinin explains, the rule has been in effect since 2015. The project only explains that the prohibition also applies to the electoral fund and that party bodies cannot be suspended during this period.
Porto states that such blockages occur, for example, due to seizures in judicial convictions. According to him, there is a misunderstanding about the nature of the parties, which are treated as “a company with branches, when in fact each party body has its own legal personality, CNPJ and management”.
Mass shooting of messages
With the rule, parties can register official telephone numbers to send messages to voters. The use of bots for registered contacts would not constitute mass shooting, as long as there is an option to unsubscribe and the purpose is electoral.
Carla Nicolini states that the project seeks to differentiate institutional party communication from illicit mass shooting practices associated with electoral disinformation. “The legal controversy should focus on the delimitation between legitimate partisan communication and the possible abusive use of these tools in an electoral context”, he says.
Porto states that the expression “mass shooting” does not correspond to what the project proposes. “What is created is an official channel, registered with the Electoral Court, for communication with voters who have previously consented to receive messages and who can unsubscribe”, he says.
According to Peccinin, this is an example of rules that directly concern the electoral process and, based on the principle of annuity, should not be valid in 2026.
Furthermore, the president (PT) has already stated that he will veto the section that allows , if approved by the Senate.
