AGU and Ministry of Justice recommend Lula’s veto to changes in the Clean Record

The Attorney General of the Union (AGU) and the Ministry of Justice have recommended, in technical opinions, that President Luiz Inacio Lula da Silva vetos excerpts from the project that alters the Clean Record Law approved by Congress, especially in the part that would reduce the period of inegability of politicians affected by the norm.

In addition, they suggest that he rejects the measure retroactive. Lula has until this Monday to sanction or veto the text and met with assistants last Friday to discuss the topic.

The Senate approved at the beginning of the month the text reducing the ineligibility period for condemned politicians in some cases defined by the Clean Record Law. Today, the period of eight years, for politicians who hold any position, for example, is counted from the end of the term.

The main change approved by Congress is precisely to anticipate when this penalty would begin to be told. Although the ineinable deadline remains eight years, it would begin to be valid from the conviction, and no longer after serving the sentence, which would reduce the period away from the ballot boxes.

The text also establishes a 12 -year ceiling for the period of ineligibility and determines that it is necessary to prove the deceit when the politician commits acts of misconduct.

The project still retains the rule applied today for heinous crimes, money laundering and criminal organization. In such cases, the convicts remain ineligible from the sentence until eight years after the fulfillment of the whole sentence.

Lula’s assistants heard by the globe state that the opinions of the AGU and the Ministry of Justice recommend the veto to all points related to the retroactivity of counting the inegability period. Despite the risk of potential wear in the relationship with Congress, the tendency was for the president to follow the opinions of the two folders, under the pretext that there is no political climate for the approval of setbacks in the Clean Record, especially after popular mobilization contrary to the armor PEC.

The bill was supported by Senate President David Alcolumbre (Union-AP), who even said that the text modernizes the clean record.

– I make a point of this update of the law of the Clean Record Law to give the spirit of the legislator when it gives the law vote. Ineligibility cannot be eternal – he said at the time of his vote.

If they were fully sanctioned, changes in the clean record could benefit politicians such as former mayor Eduardo Cunha, who is the father of Deputy Dani Cunha (União-RJ), author of the bill. Former governors Anthony Garotinho (RJ) and José Roberto Arruda (DF) would also be affected.

The text is criticized by organizations to combat corruption, such as organizations not accepted corruption, international transparency Brazil, know, movement to combat electoral corruption, party transparency and covenant for democracy.