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The enacted text also facilitates the payment of political parties' debts.

From the Editors

 

Friday, August 23, 2024

 

Updated at 07:09

 

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The National Congress enacted this Thursday, the 22nd, EC 133/24, which establishes new rules for the allocation of resources from political parties to black and brown candidates and pardons parties that did not meet the minimum quota for these candidacies in past elections.

 

According to the amendment, for the fines to be effectively forgiven, the parties must invest in the next four elections, starting in 2026, the amounts corresponding to the quota not met in black and brown candidates in the previous elections.

 

There will be no punishment as long as the resources are invested in candidacies of black people. We would like to emphasize that this amendment to the Constitution is not intended to pardon sanctions resulting from the discovery of quotas related to sex and race , declared the vice-president of Congress, deputy Marcos Pereira, during the promulgation ceremony in the Senate plenary.

 

The new constitutional rule, which comes into effect as of this year's election, determines that at least 30% of the resources from the Special Campaign Financing Fund and the Party Fund be directed to financing black and brown candidacies "in the constituencies that best serve party interests and strategies."

 

However, in practice, EC 133 may result in a reduction in funds allocated to black and brown candidates, since, before the amendment, party spending on these candidates' campaigns should be proportional to the number of candidates, that is, if 50% of the candidates were black and brown, the resources should also be 50% of the total.

 

 

Promulgation of constitutional amendment 133/24. (Image: Bruno Spada/Chamber of Deputies)

Furthermore, Constitutional Amendment 133 proposes the creation of a debt refinancing system for political parties, their institutes or foundations, allowing the regularization of debts with forgiveness of interest and fines, applying only the monetary correction to the original amounts. The installments can be made in up to 180 months, at the discretion of the party, while social security debts will be paid in 60 months, and can be paid with resources from the Party Fund.

 

Finally, the amendment extends the tax immunity of political parties, their institutes and foundations, covering all tax sanctions, except social security sanctions. This immunity applies to the return and collection of amounts, including interest, fines or convictions determined in electoral and annual accounting processes, in addition to administrative or judicial proceedings.

 

EC 133 has its origins in PEC 9/23, initially proposed by congressman Paulo . In the Chamber, the PEC was reported by congressman Antonio Carlos Rodrigues.

 

 link: https://www.migalhas.com.br/quentes/413835/congresso-promulga-emenda-com-perdao-a-partidos-e-nova-regra-eleitoral