The Brazilian electoral system could see major transformations through the approval of the Complementary Law Project (PLP) 112/2021, also referred to as the New Electoral Code.
The proposal to combine all electoral laws into one document is being debated at the National Congress, sparking discussions among legal experts, politicians, and industry professionals.
The electoral reform seeks to streamline and update current regulations, yet it also prompts concerns about potential obstacles, particularly regarding transparency, oversight, and guidelines for electoral advertising.
We will examine the key aspects of the proposed New Electoral Code in this article, focusing on the positive changes and setbacks that could affect Brazil’s political and legal landscape.
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What is the objective of PLP 112/2021?
The Complementary Law Project 112/2021 suggests combining electoral and party regulations into one comprehensive document, which would replace multiple existing laws.
- Electoral Code, also known as Law 4.737/1965.
- Political Parties Law (Law 9,096/1995)
- Election Law known as Law 9,504/1997
- Law of Ineligibility (LC 64/1990)
The primary goal of this reform is to centralize Brazilian electoral laws, which are currently scattered across various legal documents, in order to provide greater legal clarity and consistency to the electoral procedures.
The project was given the green light by the Chamber of Deputies in 2021 and has been under consideration in the Federal Senate. Senator Marcelo Castro (MDB-PI), the rapporteur, introduced different versions of his report in the Constitution and Justice Commission (CCJ) in July 2024 to facilitate a consensus for the vote.
Extrajudicial Notice: Its Uses and Application in Legal Practice
Key progress made in the New Electoral Code.
Explore the key developments in the New Electoral Code.
End of Re-election for Executive Roles
One of the most significant changes is the prohibition of presidents, governors, and mayors from seeking re-election.
The proposal suggests that the terms of the Executive Chiefs are limited to five years and cannot be re-elected consecutively. This change is intended to minimize using public resources for electoral campaigns and promote more turnover in politics.
Increased openness in election finances
PLP 112/2021 strengthens the requirement for parties and candidates to offer immediate access to their election campaign finances, making their income and spending more transparent to the public and oversight entities.
It suggests more stringent requirements for funding political campaigns, both public and private, with the goal of reducing irregularities.
Regulation of False Information and Political Campaign Messages
The proposal includes more specific methods to prevent misinformation and fake news during elections, such as penalties for candidates and parties spreading unverified information about their opponents.
The measure aims to create a fairer environment and prevent the spread of fake content to manipulate public opinion.
Encouragement for Women to Engage in Politics
The New Electoral Code includes a provision that reserves 20% of seats in the Legislature for women, which is seen as a positive development.
The proposal suggests that 20% of seats in the Chamber of Deputies, state legislative assemblies, and municipal councils should be reserved for female candidates.
These efforts seek to decrease gender disparity in politics and encourage women’s active involvement.
Possible Setbacks of the Fresh Electoral Legislation
Possible obstacles may arise with the new electoral code.
Electoral Justice Power Reduction
One of the most important changes is the restriction on the efficiency of Electoral Justice in evaluating and ruling on electoral procedures.
The project limits the authority of judges and electoral courts to make decisions on electoral applications and advertisements, potentially impeding election oversight.
Strengthen by cleaning
The text proposes amendments to the Clean Sheet Act that would enable individuals with criminal convictions from academic institutions to participate in elections prior to the completion of their trial.
This allows corrupt politicians to stay in the election process until they use up all legal options, thus slowing down the fight against corruption.
Relaxation of Regulations for Political Parties
The New Electoral Code reduces penalties for political parties that violate financial transparency and accountability rules, making it easier for them to access the Party Fund even if they do not meet the minimum operational requirements.
This relaxation of rules may undermine oversight of the parties, enabling acronyms to operate without genuine representation or dedication to financial management.
Comparison of the Existing Electoral Code with the New Electoral Code
| Current Electoral Code | New Electoral Code Proposal | |
| Reelection | Allowed for executive positions. | Prohibition of re-election for president, governors and mayors. |
| Duration of mandates | Four years for all positions. | 5 years for elective positions. |
| Municipal and general elections | Performed separately every two years. | Unification of elections in a single election every 5 years. |
| Accountability | Mandatory, but with subsequent supervision. | Real-time accountability with more transparency. |
| Fake news | Limited regulation. | Harder rules against disinformation. |
| Clean file | Candidates convicted of a collegial organ are ineligible. | Possibility of application until the transit in the judgment of the decision. |
Challenges in Obtaining Approval for the New Electoral Code
The PLP 112/2021 bill is encountering opposition in Congress as lawmakers from various parties are raising concerns about certain contentious aspects, particularly those related to the Electoral Justice and the implementation of the Clean Record Law.
Another obstacle is the requirement for a majority vote in the National Congress as it is a supplementary bill. Moreover, adjustments to the electoral system need to be carefully planned to prevent any adverse effects on the upcoming election organization.
Advancements and setbacks in the discussion on the new Electoral Code.
The modernization of electoral rules, increased transparency, and regulation of fake news are key improvements introduced by the New Electoral Code.
Some suggestions are seen as steps backward, particularly in terms of reducing the power of the Electoral Justice system and loosening the Clean Sheet Law.
It is crucial for attorneys specializing in electoral law to stay updated on PLP 112/2021 and assess how these modifications will affect the legal framework.
The project’s approval hinges on heated discussions in Congress and potential presidential approval. As a result, the Brazilian political landscape is in a state of constant change, requiring increased vigilance from legal professionals.
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What is the primary objective of PLP 112/2021?
PLP 112/2021 seeks to combine and modernize all Brazilian electoral laws into one comprehensive code, replacing multiple scattered laws like the 1965 Electoral Code, the Electoral Law, and the Political Parties Law.
What are the primary improvements suggested in the New Electoral Code?
The progress includes regulating group submissions, setting clearer guidelines for online electoral advertising, strengthening policies for women’s inclusion, and organizing electoral offenses. It also improves the electoral accounts system and increases transparency in the process.
What are the primary criticisms raised by critics of PLP 112/2021?
Critics emphasize the loosening of oversight on electoral finances, the curbing of the investigative authority of the Electoral Justice system, the decrease in penalties for specific electoral offenses, and the relaxation of disqualification regulations.
What are the alterations in female application rules brought about by PLP 112/2021?
The project sets up methods to enhance women’s involvement by maintaining a 20% quota for female applicants while also ensuring access to campaign resources and airtime for propaganda.
What modifications does the New Electoral Code suggest to address misinformation in the elections?
PLP 112/2021 addresses deceptive tactics, making it a crime to intentionally spread false information that impacts elections and assigns obligations to online platforms. It introduces faster processes to eliminate fake content and harsher penalties for individuals involved in orchestrated disinformation efforts.
How does the project impact the responsibility of election campaigns?
The project aims to update the accountability system by making it easier to use digital tools for tracking expenses. Critics argue that specific modifications could make it harder to detect irregularities, like shorter account analysis timelines and restricted investigations into questionable donations.
How does the party coalition system get affected by the New Electoral Code?
PLP 112/2021 upholds the prohibition of coalitions in proportional elections for elders and deputies, while introducing more defined regulations for party federations. These federations serve as a substitute for coalitions, requiring parties to stay united for a specified duration to enhance the coherence of the representative system.
How is the project dealing with the matter of campaign funding?
The project keeps the combination of public and private funding but alters the regulations for allocating the Special Fund for Campaign Financing. It also adjusts the caps on individual donations and introduces new guidelines for candidates using their own resources, aiming to create fairer competition conditions.
What are the primary objections raised by experts in electoral law regarding PLP 112/2021?
Experts primarily object to the quick handling of this intricate legislation, the absence of broader public discussions on the suggested modifications, and the political timing of its approval close to the elections. They also raise concerns about measures that could undermine Electoral Justice oversight of irregularities and potentially benefit incumbent politicians.
What is the present condition of PLP 112/2021 in the legislative procedure?
The proposal was authorized by the Chamber of Deputies and is pending approval in the Senate, where modifications may be made. To be effective for the upcoming elections, it needs to be endorsed at least one year prior to the election, in accordance with the principle of electoral annuality outlined in the Federal Constitution.
