Corruption and coping policies in Brazilian electoral law: Initial lines
Teoria & Pesquisa: Revista de Ciência Política, São Carlos, v. 32, n. 00, e023019, 2023. e-ISSN: 2236-0107
DOI: https://doi.org/10.14244/tp.v32i00.810 14
I - the origin of the funds;
II - the market sector in which the donor operates, including through the legal
entities of which he is the owner, partner, controller, shareholder,
administrator or final beneficiary;
III - the donor's degree of interaction with the public sector, including through
the legal entities of which it is the owner, partner, controller, shareholder,
administrator or final beneficiary, and the importance of authorizations,
licenses, permits and concessions or other administrative or governmental acts
in its operations;
§ 2º The Statute should also provide for the internal body described in item
VII to report directly to the party President, or to the Ethics Committee, in the
event of a denunciation of possible involvement by the President in
irregularities, or when the latter shirks the obligation to adopt the necessary
measures in relation to the situation reported to him.
Art. 15-C. Under the terms of items II and III of Article 15-B, a Code of
Conduct and Integrity must be drawn up and published, which provides for:
I - the political party's principles, values and mission;
II - guidelines for the prevention of irregularities and conflicts of interest; and
III - conduct prohibited to party members or collaborators.
§ 1 Upon joining the party, every new member will receive a copy of the Code
of Conduct and Integrity and must sign an acknowledgement of its content
and meaning, which will be kept on file at the party for the duration of their
membership.
§ 2 The Party will offer specific training every two years on electoral
legislation, internal controls, governance, standards of conduct, code of ethics,
integrity policies and procedures, and other topics related to the Party's
activities.
Art. 22. [...] VI - violation of the integrity program.
Art. 37-B. For the purposes of this Law, an integrity program consists, within
the scope of a political party, of a set of internal mechanisms and procedures
for integrity, control, auditing and encouraging the reporting of irregularities,
and the effective application of codes of ethics and conduct, policies and
guidelines, including those extended to third parties, with the aim of detecting
and remedying deviations, fraud, irregularities and illicit acts practiced by or
attributed to the political party.
Art. 37-C. If the Electoral Justice finds that the integrity program is not
effective or does not exist, based on a representation made under the terms of
art. 96 of Law 9.504/97, the party will be subject to the following sanctions:
I - in the event of ineffectiveness, suspension from receiving the Party Fund
for a period of three to twelve months;
II - if there is no integrity program, suspension from receiving the party fund
for a period of twelve months;
Sole paragraph. The Public Prosecutor's Office and the Political Parties are
entitled to propose the representation provided for in the caput.
Art. 37-D. The national directory shall be exempt from the sanctions referred
to in Article 37-C in the event of proof of the effectiveness of its integrity
program, including the application of measures to suspend transfers to state
and municipal directories, when they are responsible for the irregularity or
illegality, and this is verified in an internal investigation procedure.
Sole paragraph. Items III, V, VI, VII, XII, XIII and XIV of art. 15-B will not
be required in the assessment of state or municipal management bodies
(BRASIL, 2017, our translation).