The (Supreme Federal Court) formed a score of 6 to 4 to validate a pardon for political parties that failed to finance candidacies in elections prior to 2022.
The trial resumed this Friday (19) in a virtual plenary session (a remote environment in which ministers cast votes and there is no space for debate) after a request from the minister in May.
The last to vote, Moraes spoke out against the measure. Although all ministers have already voted, the session remains open in the virtual plenary until next Friday (26), when it will be concluded. Until then, magistrates can still change their votes, although this is not common.
“I understand that the complacent treatment with non-compliance with legal rules for the application of financial resources in black candidacies amounts to an undue affront to the constitutional parameters invoked by the court itself in the precedents that established the validity of affirmative policies”, stated Moraes.
The judge voted against the possibility of pardoning the acronyms, but the rapporteur’s position prevailed, . They voted with him, , , Luiz Fux and . opened divergence and was accompanied by , President Luiz and, now, by Moraes.
“The achievement of voting equality, worldwide, was essential and necessary to combat and reduce all forms of discrimination, but it is not sufficient. There is also a need for full passive electoral capacity (eligibility), allowing everyone who can be candidates and more than that, to be able to vote in elections under equal conditions, including electoral resources”, stated Moraes.
According to the minister, the principle of equality supports the constitutionality of the interpretation of the racial profile in the distribution of resources.
“The mapping of social indicators verified in Brazil shows that the intergenerational perpetuation of inequality is not mere chance, but a by-product of a structurally unfair model in the distribution of opportunities”, said Moraes in the vote.
The session that was promulgated in August 2024 was attended by only three parliamentarians — all sitting at the table, no one else in the plenary.
The two actions on the topic state that the text represents a setback in the protection and promotion of fundamental rights.
When voting, Zanin stated, however, that it was not an amnesty, “but a transitional regime that determines the application, in the four subsequent elections from 2026, of the amount that was no longer applied in previous elections for the purpose of complying with the racial quota, without prejudice to the new quota of 30%”.
The call reduces the quota for and forgives irregularities committed in previous elections.
The text was signed by 184 deputies, including the leaders of the government, (PT-CE), and the opposition, (PL-RJ).
In addition to repealing the determination that black people must receive electoral funds in proportion to the number of candidates and also granting forgiveness for irregularities, the PEC also opens a generous debt refinancing program for political parties.
One of the objectives of the amendment is to overturn, valid since 2020, which obliges parties to distribute billions of campaign funds in proportion to the number of white and black candidates (black and brown).
In the 2022 dispute, for example, black and brown people should have received 50% of the electoral budget of R$5 billion, but.
