Now, it’s law – only those with clean criminal records can pursue a political career in Brazil.
Now, it’s law – only those with clean criminal records can pursue a political career in Brazil. One of the greatest bills of popular initiative in Brazilian history became law when it was signed by President Luiz Inácio Lula da Silva on June 4. Six days later, the Brazilian Superior Electoral Court (TSE) ruled it will be applied to this year’s elections. More than 1.6 million Brazilians signed a document in favor of the so-called Ficha Limpa (clean record) bill that was delivered to the National Congress, asking that candidates found guilty of committing electoral violations and crimes involving the use of public funds be prohibited from running for office. The proposal also was supported by three million advocates via the Internet. The text of the Ficha Limpa law changes the Complementary Law 64, which dates to 1990 and is known as the Law of Ineligibilities. The new law determines politicians who are found guilty by a “collegiate” – group of judges – are ineligible to run for public office for eight years. Under the previous law, the candidate was banned for three years. Those found guilty of committing crimes involving narcotics, racism, torture, the violation of human rights, terrorism and the environment also can put their political aspirations on hold. Brazil ranked 75th out of 180 nations in Transparency International’s 2009 Global Corruption Barometer, a year after it placed 80th. A day after the Ficha Limpa law went into effect, protests against officials suspected of criminal activity were launched in 13 cities in the southern state of Paraná. In the state’s capital Curitiba, the movement “O Paraná que queremos” (Paraná we want) engulfed the Boca Maldita area, on Quinze de Novembro street. The protest was against corruption and the recent scandals involving allegations of legislators’ paying fictitious employees and embezzling public money in the Legislative Assembly of Paraná. Representatives of labor unions, student movements, politicians and even fan clubs of soccer teams were among a crowd that police estimated at 2,500 but that event organizers said was about 30,000, according to Gazeta do Povo newspaper. The Ficha Limpa law has a secondary role in the improvement of Brazilian politics, said Wilton Lopes dos Santos, a 57-year-old engineer who participated in the demonstration. “What really works is the involvement of society,” Santos said. “If [society] doesn’t make a demand, politicians will keep on doing whatever they want.” “Ficha Limpa may add [to the fight against corruption], but the law alone doesn’t solve the corruption problem,” said Adriano Matos, president of the National Union of Students. Matos said rampant corruption angers Brazilians. “We can’t stand corruption anymore,” Matos said. “We’re tired.” But even before the bill was approved, several politicians stepped down because of mounting pressure by the public. Jocelito Canto, a deputy of the Brazilian Workers Party (PTB) in Paraná, announced his resignation on Twitter. “Good morning. Historical day in my lifetime,” he tweeted. “Today I announce the end of my political career. Ficha Limpa, mix-ups in the Alep (the Legislative Assembly of Paraná). Enough! I stopped.” Canto is being investigated for his suspected involvement in connection with at least 30 transgressions, including the embezzlement of public funds. Canto denies all accusations but will adhere to the law. “People don’t want criminal records and I respect that,” he said. “Politics happened in my life, and now it’s over.” Canto said he plans to remain part of the Legislative Assembly of Paraná until the end of the year, when he will return to his career as a radio broadcaster. The Movement for Fighting Electoral Corruption (MCCE) created the Ficha Limpa bill, which had been discussed in Congress for the past two years. The bill passed because MCCE developed supporters throughout Congress, enabling it to move on to Lula’s desk, said Jovita José Rosa, one of MCCE’s directors. “During the negotiations, the bill was improved,” Jovita says. “It became better than what it was originally.” The Ficha Limpa law also puts an end to convicted politicians’ filing numerous appeals to prevent them from having to serve their sentences, which is the most integral part of the legislation, said Paraná’s Deputy Florisvaldo Fier of the Workers Party. But João Galdino de Souza, an alderman in Curitiba of the Brazilian Social Democracy Party (PSDB), said the Ficha Limpa doesn’t guarantee improvements. “Some will circumvent the law, find in its loopholes a way to present themselves as candidates even though they have been [found guilty of a crime],” Souza said. But Ficha Limpa isn’t clear on the statute of limitations regarding politicians’ past. Will the law prevent any candidate with a criminal conviction before June 7 from running? Or, will the law take into account only convictions rendered after the bill’s approval? The Superior Electoral Court of Justice has yet to release a decision. “But Justice will interpret the entire spirit of the law to accomplish Ficha Limpa’s goal to clean up Brazilian politics,” political analyst Nelson Rosário de Souza says. After all, the Ficha Limpa has Constitutional roots. “All power emanates from people and it will be exercised on their behalf,” the first paragraph of Brazil’s Federal Constitution states. The law is expected to impact the elections in October, Souza says. “Even if Justice doesn’t perform its role, the trend is that voters will perform theirs,” Souza says. “It’s a complex thing for the population to analyze all the characteristics of a candidate. But if a politician undergoes Ficha Limpa screening, voters’ analysis will become easier.”