Proposal seeks to ensure the correct allocation of resources raised to help specific groups or causes
A new bill aims to punish fraud in collective fundraising campaigns, popularly known as “kitties”. The senator’s initiative Cleitinho (Republicanos-MG) seeks to ensure transparency and the correct allocation of resources raised to help specific groups or causes. O Bill No. 2,172/2024 awaits the appointment of a rapporteur to continue its processing in the Senate Constitution and Justice Committee (CCJ).
The project proposes to change the Penal Code (Decree-Law No. 2,848 of 1940), including an article that defines the use of resources obtained in collective collections for purposes other than those initially disclosed as a crime. The penalty provided for in the project for this conduct is imprisonment for 4 to 8 years, in addition to a fine. In cases of “social commotion”, the penalty can be increased from 1 third to double.
Reclusion, a form of custodial sentence in the Brazilian criminal system, is initially served in a closed regime, without the possibility of initial parole. The project does not define what the term “social commotion” means.
In the justification presented along with the project, Cleitinho states that, although technology has made it easier to fundraise online, it has also opened space for “scammers” to take advantage of people’s generosity. The senator states that many celebrities use their influence on social media to raise funds for various causes, but warns of the possibility of embezzlement by malicious individuals.
“With the same mechanism that can be used for good, scammers use it for undue advantage, collecting resources from citizens for uses other than the advertised cause”says Cleitinho.
If approved by the CCJ, the project can go directly to the Chamber of Deputies (unless there is an appeal for the text to be analyzed by the Senate plenary).
With information from Senate Agency.
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