The 2018 General Elections were one of the topics addressed during the II National Young Lawyers Conference, held by the Federal Council of the Brazilian Bar Association, in Natal (RN), on Thursday and Friday (23rd). Justices of the Superior Electoral Court (TSE), Tarcisio Vieira de Carvalho Neto and Sérgio Banhos, attended the panel that dealt with this year’s election dispute.
“The matter under discussion, related to the election disputes, is growing at a remarkable rate. It is an interesting convergence zone between the many branches of Law, such as Constitutional, Administrative and Criminal, among others. [...] The electoral legislation is erratic, with gaps, though this is not a misconception of the legislator. It does not change much and, when it does, it is always to reverse peaks of social dissatisfaction,” said Justice Tarcisio, citing the Clean Record Law (Complementary Law 135/2010) as an example.
He also spoke about the banning on the donation of legal entities for election campaigns. “The 2016 Elections were the first that dealt with this resource shortage after the banning on donations, by companies, for parties and candidates. In that election dispute, we counted more than 50% of donations with clear indications of irregularities. There were amounts from beneficiaries of Bolsa Família (Family Stipend), a program whose requirements are, specifically, to be in an indigent situation. Thus, the party funds were raised but no remarkable advances have been seen yet,” he said.
While making his speech, Justice Sérgio Banhos criticized corruption and defended the ethics in the electoral process. “Just like in sports, in the electoral scope, we should practice and seek the fair play. The contemporary world has, in its agenda, a commitment to elect those who are truly legitimate. Endemic corruption aggravates the crisis that is already being experienced by the representative democracy in many nations around the world. We do not expect a genuinely flawless behavior but rather a cunning-less conduct, which provokes a fierce but loyal dispute. We are going to the polls in 2018 as we should be: attentive, vigilant and, above all, together,” he observed.
In addition to the General Elections of 2018, the conference, organized by OAB, also dealt with themes such as “The role of young lawyers in the fight for access to justice”, “Young female lawyer: the achivement of rights” and “Judicial activism”, among others.
JP/LC/DM, with information from the CFOAB Communication Counsel