The Brazilian electoral system may experience substantial modifications through the consideration of the Complementary Law Project (PLP) 112/2021, also referred to as the New Electoral Code.
The proposal to merge all electoral laws into one document is being debated in the National Congress, sparking discussions among legal experts, politicians, and industry professionals.
The electoral reform seeks to simplify and update current regulations, while also generating concerns about potential challenges, particularly in terms of transparency, oversight, and regulations for election campaigns.
This article will examine the key aspects of the proposed New Electoral Code, focusing on the progress and setbacks that could influence Brazil’s political and legal landscape.
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What is the purpose of PLP 112/2021?
The proposed Complementary Law Project 112/2021 suggests combining electoral and party regulations into a single document, thereby replacing multiple existing laws.
- Electoral Code, also known as Law 4.737/1965.
- Political Parties Law (Law 9,096/1995)
- Election Law, also known as Law 9,504/1997
- Law of Ineligibility (LC 64/1990)
The primary goal of this reform is to centralize Brazilian electoral laws that are currently spread across various legal documents in order to provide greater legal clarity and consistency in the electoral process.
The project was endorsed by the Chamber of Deputies in 2021 and has been under consideration in the Federal Senate. Senator Marcelo Castro (MDB-PI), the rapporteur, introduced various versions of his report in the Constitution and Justice Commission (CCJ) in July 2024 to facilitate a consensus for the vote.
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Advancements of the New Electoral Code
Explore the key developments of the New Electoral Code.
End of Re-election for Executive Roles
One significant change is the prohibition of re-election for presidents, governors, and mayors.
The proposal suggests that Chief Executives should serve five-year terms without the option of consecutive re-election in order to limit the use of government resources for election purposes and promote more turnover in politics.
Increased openness in electoral financial records
PLP 112/2021 strengthens the requirement for parties and candidates to disclose their election campaign finances promptly, making their income and spending more transparent to the public and regulatory authorities.
It also suggests more rigorous standards 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 specific measures to prevent the spread of false information and fake news during elections, such as penalties for candidates and parties sharing unverified information about their opponents.
The measure aims to create a fairer setting and prevent the spread of misleading information to influence public perception.
Encouragement for Women’s Involvement in Politics
The New Electoral Code includes a provision reserving 20% of seats in the Legislature for women, which is seen as a positive development.
The proposal suggests that 20% of seats in federal, state, and municipal legislative bodies should be reserved for female candidates.
These measures seek to decrease gender disparity in politics and encourage women to participate effectively.
Possible setbacks of the New Electoral Code
Possible issues that may arise with the new electoral code include:
Decrease in the Authority of Electoral Justice
One of the most crucial changes is the restriction on the effectiveness of Electoral Justice in assessing and ruling on electoral procedures.
The project limits judges and electoral courts’ authority to make decisions on electoral requests and ads, potentially impeding election oversight.
Strengthen by wiping.
The text implies revisions to the Clean Slate Act to enable candidates with convictions from college bodies to participate in elections before the sentence is finalized.
This allows convicted politicians to remain in the electoral race until they have used up all legal avenues, thus hindering progress in the fight against corruption.
Political parties are being given more flexibility in rule adherence.
The new Electoral Code lessens penalties for political parties that violate financial transparency and accountability rules, reducing consequences and making it easier to access the Party Fund, even for candidates that do not meet basic operational standards.
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 Proposed 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 getting the new Electoral Code approved.
Senators and deputies from various political parties are raising concerns about controversial aspects of the PLP 112/2021 bill, particularly its impact on the Electoral Justice system and the Clean Record Law.
Another obstacle is the requirement for a majority vote in the National Congress for the complementary bill. Furthermore, adjustments to the electoral system need careful planning to prevent adverse effects on the upcoming election organization.
Debate on the New Electoral Code shows progress and setbacks.
The modernization of electoral rules, transparency enhancement, and fake news combat regulation are key advancements introduced by the latest Electoral Code.
Some suggestions could be seen as steps backward, particularly in terms of reducing the authority of the Electoral Justice system and loosening the regulations of the Clean Slate Law.
It is crucial for lawyers specializing in electoral law to stay informed about PLP 112/2021 and assess its effects on the legal framework.
The project’s approval hinges on heated discussions in Congress and potential presidential approval. The Brazilian electoral landscape remains dynamic, requiring increased vigilance from legal professionals.
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