Donation risks

Article written by Leonardo Antonelli

For more than a decade, the Electoral Law has set a limit for campaign donations,
with the undisguised purpose of preventing the abuse of economic power, practice,
unfortunately, common among candidates. An unrestricted freedom in the funding of
electoral campaigns would end up generating harmful damages to democracy, enabling
an evident advantage in the dispute for the most favored. Recently, the Tribunal
Superior Electoral (TSE) and the Federal Revenue signed an agreement with the intention of
inspect, retroactively, all campaign donations made in favor of
candidates for the elections of 2006 and following. It is a path of no return.
The Electoral Law limits donations, whether in cash or estimable goods, such as
example, real estate, car, gasoline, etc., in up to 10% of gross income in the year
prior to the election, for individual donors, and up to 2% for companies. The
sanction for violators is a fine of five to ten times the amount exceeded. In the case
of the companies, the law authorizes the cumulation of the pecuniary penalty with the prohibition of
contracting with the Government for a period of five years.
There seems to be an adequacy between the limitation imposed on campaign donations and the
mechanism elected to repress transgressions to the prohibitive precept, preserving the
balance between the forces participating in the electoral contest. However, the electoral court
has received thousands of representations, filed by the Electoral Public Prosecutor's Office,
in the face of donors, who have repeatedly defended themselves claiming good faith, in
due to their ignorance of the electoral legislation. As the objective of justice should
be preventive, seeking the maintenance of the fairness of the election, equality of the dispute between the
candidates and, therefore, not merely sanctioning and collecting, I understand that
important the disclosure to donors of their rights and duties in the election that if
approximates.
The Electoral Justice intends, In this way, make the candidates act in a
more democratic way, participating in the elections under equal conditions. The diffusion of the law,
that regulates donations, followed by the punishments imposed on the transgressors are
measures that must be taken by the justice. It is worth mentioning that those who intend to make
donations should be aware of the risks they run. Both justice and donors
must do their part in fighting corruption. These actions are the way to a
holding honest elections. Decorum is one of the principles that can rescue the
credibility of voters.
* Leonardo Pietro Antonelli is a judge-member of the TRE/RJ.