For those of you angered by our Supreme Court’s recent decision on corporate financing of political campaigns, Brazilian election law, on first inspection, might seem to be far more englightened than our our own.
In practice, however, it is extremely hard to make heads or tails of the jurisprudence generated by the system, which is considered highly politicized by its critics.
In the last presidential campaign, for example, one candidate was represented before the Supreme Elections Tribunal by his brother — a former minister (justice) of the selfsame Supreme Elections Tribunal. Some examples of jurisprudential oddities:
- TSE Clips Toucans Over Tirades, Cancels Communists
- Alckmin Campaign Accounts in Question
- The Wild and Wooly Saga of Brazil’s Election “Mini-Reform”
- Brazil: “The TSE Set The News Agenda”
Today, for example, the Folha de S. Paulo — continuing a notable pattern of prominently placing stories harmful to the public image of the current mayor, in whose election the Folha played an openly partisan role – reports the mayor could lose his mandate over illegal campaign donations.
What kind of hard news story is pitched in the subjunctive mood?
Um parecer técnico contábil da Justiça Eleitoral de São Paulo indica que 33% do total arrecadado pelo prefeito de São Paulo, Gilberto Kassab (DEM), na campanha eleitoral de 2008 teve origem em fontes de doações consideradas ilegais pelo Ministério Público Eleitoral.
A technical accounting opinion from the São Paulo state elections authority indicates that 33% of the money raised by São Paulo mayor Gilberto Kassad (DEM-PFL) in the 2008 mayoral campaign originated in donation sources considered illegal by the elections prosecutor.
O laudo, concluído em outubro e obtido pela Folha, indica o risco de que Kassab seja condenado em primeira instância à perda do cargo. Em casos semelhantes, o juiz Aloísio Silveira, responsável pela ação, cassou o mandato de 16 vereadores da capital. Ele tem adotado como critério para condenar à perda de mandato contas de campanha que apresentem mais de 20% dos recursos provenientes de fontes vedadas.
The report, concluded in October and obtained by the Folha, suggest that Kassab runs the risk of being sentenced by the lower court to loss of his mandate. (more…)
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