The Federal Supreme Court (STF) is one vote away from maintaining the Electoral Fund of R$4.9 billion intended to finance campaigns in this year’s elections. The indication is that the Court will be able to ensure that the so-called fundão has the value that was approved by Congress.
The STF resumed this Thursday, 24, the judgment of the action presented by the Novo party. The party wanted to reduce the amount allocated to the electoral fund. The session was interrupted with 5 votes in favor of Fundão and only one against.
In the previous session started on Wednesday, the 23rd, only the rapporteur of the action, Minister André Mendonça, managed to vote. The magistrate cast an extensive vote against the amount of BRL 4.9 billion provided for in the 2022 Annual Budget Law (LOA) for campaign spending. As a solution, he proposed that the value for this year be equal to that fixed for the 2020 election (R$ 2.1 billion), corrected by the IPCA-E rate until December 2021.
According to the Central Bank’s financial calculator, the amount proposed by Mendonça would be around R$2.3 billion – that is, 200 million more than the proposal sent by the government to Congress during the formulation of the Budget last year.
The rapporteur, however, was isolated in this Thursday’s trial. Although they presented critical positions at the amount of R$ 4.9 billion, five ministers voted to maintain the current amount of Fundão. The divergence in relation to Mendonça’s vote was inaugurated by minister Kassio Nunes Marques, who said he did not see “extrapolation of the stipulated limits” in the Budget Guidelines Law (LDO).
When distancing himself from the rapporteur’s position, Nunes Marques argued that he would not “steer away from privileging the legislator’s choice in the present case, which, as a legitimate political option, considered it imperative to reinforce public funding of electoral campaigns”. For the minister, “public funding is part of a mechanism designed to enable the plurality of political debate, in order to allow the most diverse interests, through political parties, to submit their names to electoral scrutiny”.
“Although we are facing an unprecedented health and economic crisis, we cannot lose sight of the signs that characterize our democratic state of law, in which the harmonious separation of powers is an inescapable clause. However, the control of the alleged misallocation of resources will take place at the polls, an opportunity in which public funding of campaigns will return to public debate”, he said.
Nunes Marques was fully accompanied by Alexandre de Moraes, Edson Fachin, Luiz Fux. Minister Luís Roberto Barroso partially followed the position of his colleagues, defending the maintenance of Fundão at R$ 4.9 billion, but with the assessment that the project that established the LDO is unconstitutional. Barroso explained, however, that the LOA was correctly approved.
The president of the STF, Luiz Fux, was firm in his criticism of the high amount of resources from the Union budget destined for the Electoral Fund – the highest figure in history -, but argued that the Court does not have “constitutional capacity” to deliberate on this matter, which would be the responsibility of Congress. “The value is high, but there is no unconstitutionality here,” said the minister.
Fux also stated that the STF has faced problems due to having to deal with the judicialization of political issues, such as the formulation of the annual budget. According to the president, the action under discussion would be an example of a party that “once again loses in the political arena and brings the problem to the Federal Supreme Court”.
Commenting on the effects that the decision to keep the Fundão of R$ 4.9 billion would bring to the STF, after dozens of campaigns and public demonstrations against the law passed by Congress, Fux said that “it is up to those who voted for this initiative to pay the social price , not us from the Supreme. We don’t vote”.
Minister Alexandre de Moraes also presented a position similar to that of Fux and stated that the STF “cannot declare (the law) unconstitutional because the value is high or low”. For the magistrate, the discussion also refers to the judicialization of political issues.
“It is a flag of the author-party not to use resources from the electoral fund. This is a programmatic flag of the party responsible for the action. Now, the fact that it is not used does not lead to the conclusion that those who use it are deviating from the purpose or are acting immorally, because the current Brazilian electoral system adopts this funding almost 100% with public money”, he said.
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