The court also unanimously blocked a reduction in public transport on polling day.
The TSE (Superior Electoral Court) unanimously authorized this Tuesday (Oct. election day.
According to the measure, which amends a 2021 court decision, entities that pay for collective passenger transport cannot be included in the Fiscal Responsibility Law. Here’s the intact of the text (197 KB).
“Federal entities and their respective managers that may use budget resources for the cost of collective public transport of passengers on election day, including in places of
difficult access, will not be disrespecting Complementary Law n. 101, of May 4, 2000 – Fiscal Responsibility Law – LRF, especially with regard to fiscal results goals, creation or expansion of expenses and granting of subsidies”says the resolution.
The measure also prohibits the Union, the States, the Federal District and municipalities from reducing public transport on election days. Anyone who disrespects may be framed by “prevent or hinder the exercise of suffrage”, who is sentenced to 6 months and a fine, and “withhold, hoard or refuse on election day the supply, normally, to everyone, of utilities, food and means of transport”, liable to a fine. The sanctions are provided for in the Electoral Code.
“One of the most important instrumental rights for the exercise of the most important political right, which is to vote, is transportation. Much of the abstention occurs because people do not have money for transport and because in some places there is no transport”said Moraes when voting in favor of the resolution.
According to the text, federative entities cannot “reduce the public service of collective passenger transport usually offered on election day, under penalty of constituting the electoral crimes contained in arts. 297 and 304 of Law no. 4,737, of July 15, 1965 – Electoral Code, without prejudice to other criminal incidences that may be characterized”.
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