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What you need to know about party loyalty in the 2022 elections



Cynthia Teixeira Pereira Carneiro Lafeta. PHOTO: DISCLOSURE

Amendment to the Constitution No. 111 of September 28, 2021 had one of the goals of strengthening political parties and party coalitions, giving constitutional status to the issue of party loyalty. The above amendment added § 6 to Art. 17 of the 1988 Constitution of the Republic, which provides that federal, state, and district deputies, as well as councilors who have resigned from the party from which they were elected, lose their mandate, except with the consent of the party or other presumption of good cause established by law. This reform represents an achievement for society and an important step towards strengthening the political legend.

However, concern about the migration of parliamentarians to political parties is more recent, as after the re-establishment of a multi-party system after the two-party system of the war period, parliamentarians left their parties to join other political parties.

As an example, if we consider the four legislatures prior to the adoption of the 1988 Constitution (1983-86, 1987-90, 1991-94 and 1995-98), which marked a turbulent political stage of redemocratization, approximately 30% of parliamentarians who passed through The Chamber of Deputies changed parties at least once. During this period, there were six hundred and eighty-six parliamentarians who migrated from party to party, and given that some of these parties changed parties more than once in the same legislature, there were a total of eight hundred and twelve migrations.

The exorbitant numbers cited have led to the weakening of the Brazilian political parties, as well as serious uncertainty regarding the retention of the mandate, in addition to an act of disloyalty towards the voter, who often votes for candidates due to the legend and party programs and proposals.

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Only on the basis of TSE Regulation No. 22.610 of 2017 of the Higher Electoral Court (TSE), the political party concerned, the Electoral Public Ministry or any other person with a legitimate interest can apply to the Electoral Court for an order to remove an elective office as a result of leaving the party without good reason , despite the fact that the representative had the right to argue in his favor for good reasons listed in § 1 of Art. 1 of the above resolution, namely, amalgamation or merger of a party, creation of a new party, material change or repeated deviation from the program of the party and serious personal discrimination, while the TSE has the competence to consider and consider a request related to a federal mandate, and the Electoral Court of the relevant state in other cases.

After eight years of the TSE Decree No. 22,610, on September 29, 2015, Law No. 13,165, known as the “Mini Electoral Reform”, was adopted, which led to new situations that could be a valid reason for leaving the party, since, in addition to change or repeated deviation from the program of the party and serious personal political discrimination, a new hypothesis was added, called “windows”, allowing the holder of an electoral mandate to change the party within 30 (thirty) days preceding the membership period required by law to participate in elections, majoritarian or proportional, for any good reason.

Thus, considering that Art. 9 of the Electoral Law – Law no. 9,504 of September 30, 1997 establishes a minimum membership period of six months before the election date, which means that the “window” created by Law no. 13,165 must fall exactly thirty days before the specified six months.

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The rule to change political party during an elective term was also the subject of an Unconstitutionality Action – ADI No. 5081 in respect of cases of party loyalty in proportional or majoritarian electoral mandates, which was concluded by the vote of Minister Rapporteur Luis Roberto Barroso that such a rule would only apply to holders of proportional electoral mandates, an understanding that has remained enshrined in precedent 67 of the TSE.

And on March 13, 2018, after consultation with federal deputy Fernando Francischini, the Plenum of the Supreme Electoral Court – TSE positioned itself in the sense that the “party window” referred to in Art. 22-A, paragraph III, of Law no. terms that expire in 2024 may be given the right to withdraw from their political parties without good cause in order to run in the upcoming 2022 elections.

Thus, the deadline for the possible relocation of a political party without a valid reason to participate in the 2022 elections by those who already have a proportional electoral mandate came between March 3 and April 1 of this year, and after this date the so-called party window. Exceptions are made for deputies of city councils, federal, state and district deputies, who can withdraw from the party from which they were elected without losing their mandate in cases of party consent or if there is a good reason established in the above legislation.

The legal, political and social significance of the constitutional amendment No. 111 regarding party loyalty is emphasized, since the place that a deputy occupies can never be considered a personal achievement, being the result of collective political work in which the party participates. leaders, candidates, and supporters, given that to calculate the party coefficient, all votes are counted for the party and not for the individual candidate, and yet such infidelity also resonates with voters as they voted for a candidate who believes in the ideology and platform being protected.

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Thus, in none of the cases described, the migration of a political party will be calculated for the purpose of distributing funds from the party fund or other state funds and free access to radio and television, since this is a constitutionally guaranteed right to political parties, and not to parliamentarians, which indicates progress achieved at the political level with the adoption of the Constitutional Amendment No. 111, adopted on September 28, 2021.

*Cynthia Teixeira Pereira Carneiro Lafeta is a lawyer, holds a Master of Laws degree from the Classical University of Lisbon, and Professor of Law at Newton Paiva, Promove and Faminas Faculties of Law.

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Solidarity with Ukraine is overshadowed by the political and economic agenda of the powers



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SAO PAULO, SP (FOLHAPRESS) — Since Russia invaded Ukraine, sparking a proxy conflict between Moscow and Washington/European Allies, governments and multilateral organizations have mobilized to respond to one of Europe’s biggest humanitarian emergencies with times of World War II.

By the end of September, according to the UN, more than 13 million Ukrainians had crossed the border to escape the war, of which 7.5 million had taken refuge in European countries.

However, the official narrative of solidarity and benevolent participation hardly obscures traditional political and economic interests in this type of transnational response to clashes that affect many civilians. A reminder from Luisa Mateo, professor of international relations at PUC-SP (Pontifical Catholic University).

It is clear that initiatives such as the EU-approved device allowing Ukrainian refugees to stay in the bloc’s 27 countries for up to three years, with access to education, work and social security (and without the need for a visa) are important. Or British Homes for Ukraine, a similar program but which makes the issuance of a visa a prerequisite for the entry of citizens displaced by the war.

Or the roughly $8 billion (41 billion reais) already donated by USAID, the North American Agency for International Development, to support basic services (notably hospitals, schools, access to electricity, food, and housing). 3 billion dollars (15 billion reais) in August alone.

But these transfers pale in comparison to the contribution of Washington and Brussels to strengthening the response of the Ukrainian military to Russian attacks. The United States alone has pledged to send more than $13.5 billion (73 billion reais) in arms and ammunition since February this year. At least 19 military aid packages have been received in the past 12 months.

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“This help [com armas e munições] it fuels the conflict,” says Mateo. “Humanitarian aid ends up as a simple response to public opinion to try to balance the participation of these countries in the war machine.”

Another knot in humanitarian aid, according to the professor, is the distance between the amounts promised by the powers that fund the main UN agencies and what is actually allocated.

“Many countries end up opting for a two-way route [de governo para governo, sem a intermediação de órgãos multilaterais]. This allows, for example, tighter control over the allocation of resources and the involvement of carefully selected private partners, consolidating the aid industry machine,” notes Mateo.

According to the researcher, the donation tap should remain open while the conflict is active, since the theater of war, it is worth remembering, takes place in the backyard of the European Union, and not in some remote latitudes. But the context of the global economic crisis should become an element of pressure on the remittances of new billionaires.

Meanwhile, the Ukrainian government announced in July that rebuilding the country would cost 750 billion euros. Even if this budget is inflated, it will indeed take several more rounds of packages (in the form of grants, low-interest loans and foreign debt freezes, among other things) to lift the Black Sea country out of the swamp.

Brazil Offers Humble Help Brazilian aid to Ukraine received its main chapter at the start of the conflict, in March of this year. The FAB plane delivered more than 11 tons of food, medicines and water purifiers to Poland, from where the shipments were sent to the border region with a neighboring country.

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The shipment was donated by a fast food company. But the main task of the aircraft, in fact, was to return the Brazilians displaced by the war.

Since then, the world’s fourth-largest colony of Ukrainians (after Russia, the US and Canada) has had a limited response to the humanitarian emergency. It is estimated that there are about 500,000 descendants of Ukrainians in Brazil, most of them in Paraná.

The Ukrainian-Brazilian central office, for example, collected about 600,000 reais from folklore shows and coffee producers exporting to the European country, which were donated to the Ukrainian embassy in Brasilia.

According to the president of the organization, lawyer Vitorio Sorotyuk, an agreement was also made with the Paraná government foundation for the arrival of 16 teachers from the troubled country (from fields such as biological sciences, history and pedagogy).

The agreement between the largest children’s hospital in Kyiv and the Latin American hospital Pequeno Príncipe based in Curitiba is also part of the mission’s working group. The idea is to promote the exchange of doctors and the education of pediatric nurses.

There is no summary data on the arrival of Ukrainian refugees in Brazil.

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Brazil: Lula voted his political birth and kissed the ballot – Atualidade



Brazil: Lula voted his political birth and kissed the ballot - Atualidade

The leader in voting intent polls, Lula da Silva, was accompanied by his vice presidential candidate Geraldo Alkmin, his wife, pollster Rosangela da Silva, PT president Glasey Hoffmann, and PT’s São Paulo government candidate Fernando. Haddad.

After the vote, the candidate from the Workers’ Party (PT) kissed the ballot and left the room.

With “odds” of winning the first round, Lula da Silva has between 50% and 51% of voting intentions, according to polls released on Saturday by DataFolha and Ipec respectively, followed by Brazilian President Jair Bolsonaro with 36 votes. , % and 37% of voting intentions, Siro Gomes (5% and 5%, in both polls) and Simona Tebet (6% and 5%).

Unlike previous elections, all polling stations opened at 08:00 in Brasilia (12:00 in Lisbon), in a peculiar subordination of all polling stations to the time zone of the Brazilian capital.

More than 156 million voters will be able to vote until 17:00 in Brasilia (21:00 in Lisbon) using 577,125 electronic voting machines located in 5,570 cities across the country.

In addition to Lula da Silva and Bolsonaro, candidates in the Brazilian presidential elections are Ciro Gomes, Simone Tebet, Luis Felipe D’Avila, Soraya Tronicke, Eimael, father Kelmon, Leonardo Pericles, Sofia Manzano and Vera Lucia.

If no presidential candidate receives more than 50% of the valid votes, the top two voters will face each other again in a second round on 30 October.

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Elections are taking place in an unprecedented atmosphere of fear and political violence – 01.10.2022 – Poder



Elections are taking place in an unprecedented atmosphere of fear and political violence - 01.10.2022 - Poder

Brazilians go to the polls this Sunday (2) in an unprecedented atmosphere of fear and violence in a presidential election. From assassinations of voters to threats to candidates, the controversy has replicated a pattern previously seen in municipal elections and signaled that political polarization had reached a new level.

“We have never reached such elections. In general, you see more violence in municipal elections, candidates for councilors. Beyond the violence against candidates, what’s new is this wave of gratuitous violence and intolerance of dissent,” says the CEO. from the Sous da Paz Institute, Carolina Ricardo.

Even before the official start of the campaign, cases of aggression were already accumulating. In July, a Bolsonarist police officer broke into a birthday party and shot and killed a PT gunman in Foz do Iguacu (PN).

That same month, a walk with Marcelo Freixo (PSB), a candidate for the RJ government, was abandoned after armed supporters of Bolsonarist state deputy Rodrigo Amorim (PTB) issued threats.

Fear of violence prompted the Federal Police to create the largest security scheme in history to protect presidential candidates. Lula’s campaign has even canceled travel, revised the structure of rallies and outlined a plan to prevent supporters from voting for fear of aggression.

“There were cases in Foz do Iguacu, Mato Grosso, Ceara, Santa Catarina. These are people who have not been at the center of the political debate,” says sociologist David Marquez, project coordinator for the Brazilian Public Security Forum. “People are now afraid to go out in a T-shirt, stick a sticker on a car, put a brooch in a backpack. They are afraid of being threatened or being drawn into conflict.”

In early September, a supporter of President Jair Bolsonaro (PL) admitted to stabbing a colleague in Mato Grosso following a political dispute in which the victim was defending Lula.

In September, a PT supporter in Santa Catarina killed, also stabbed, a man wearing a shirt that mentioned Bolsonaro. Police are investigating if there was a political motivation.

Last Thursday (29) in Brasilia, the car and house of Bolsonaro’s ex-wife, district candidate Ana Cristina Valle (PP-DF) were vandalized. She and her son, Jair Renan Bolsonaro, posted short videos of the incident on social media and offered political motivations for the attack.

A survey conducted by the Brazilian Public Security Forum in partnership with the Political Action Network for Resilience and commissioned by the Datafolha Institute found that 67.5% of respondents fear physical attack because of their political or party choice.

The fears of voters are shared by politicians. About 50 candidates have recently suffered some form of political violence and are in need of assistance or special security measures, according to PSOL — an acronym for adviser Marielle Franco, who was killed in 2018 as a result of an unsolved crime.

Civil society organizations Justiça Global and Terra de Direitos have been monitoring cases of political violence in Brazil since 2016. Justiça Global general coordinator Sandra Carvalho says she fears that fear of violence is intimidating candidates from already minority groups in politics, such as women and blacks, stressing that numbers have begun to point to an upward trend in 2019.

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“Political violence is repeated in the history of the country, but we are already seeing an intensification of the campaign to elect the incumbent president. Since then, there has been an upward trend,” she says. “We are seeing campaigns by some segments that are much more timid for fear of being attacked in any way, a danger to the democratic process, because this can increasingly mean under-representation of certain segments.”

On Thursday (29) at a meeting with international observers, the chairman of the TSE (Supreme Electoral Court) Alexandre de Moraes said that justice will guarantee freedom and security in the elections.

To reduce the risk of violence, the court banned CACs (hunters, shooters and collectors) from carrying guns and ammunition between Saturday (1st) and Monday (3rd) and developed new text to ban mobile phones from entering cabins. .

No wonder we got here this way. In addition to the complete ease of buying weapons, since more than 40 rules have facilitated this access, in recent years, a discourse has flared up about access to weapons, especially presidential weapons, ”says Carolina Ricardo.

The wave of violence also led the TSE to reach an agreement with the CBF (Brazilian Football Confederation). A giant inflatable electronic ballot box with the words “Peace in Elections” was installed on the field for seven games. The motto was shared by the leading football teams in the country.

David Marquez of the Brazilian Public Safety Forum says it is difficult to gauge the impact of the 2022 campaign in the next election. For him, the answer may lie in survey results.

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“In 2018 in Sao Paulo you had [o ex-governador] Joao Doria says the police need to shoot to kill. In Rio de Janeiro [o ex-governador] Wilson Witzel said the police had to shoot him in the head. The public safety agenda was also very important to Bolsonaro. He spoke about the exclusion of lawlessness for police officers and the arming of society, ”says the sociologist.

“In all these cases, it’s about the fact that we need to use violence to make public policy, to control crime. And this, in some aspects, also goes through political relations, to political debate in general. What we will need this Sunday to see if this wave of aggression will be intensified again or if it will be stopped by the general vote.”

According to Carolina Ricardo of the Instituto Sou da Paz, the solution lies with democracy itself. “Institutions are responding. And the way for everyone is to come, vote, elect anyone who thinks they should be elected to show that democracy prevails and is stronger than specific instances of political violence.”

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