58. What sanctions are provided for political finance infractions?

Brazil

Brazil

Answer
  • Fines
  • Loss of public funding
  • Deregistration of party
  • Loss of nomination of candidate
  • Loss of elected office
Source

Lei dos partidos politicos nr 9,096 , 1995

Comment

Art. 28. After the matter is adjudged, the Superior Electoral Court orders the cancellation of the civil registration and of the by-laws of a party that: I - received or is receiving financial funds of foreign origin;(...).

Art. 36. 'In case a breach of legal or statutory nature is verified, the party involved shall be subject to the following penalties:I -for resources of unmentioned or unclarified origin, the receiving of funds from the Party Fund shall be suspended until clarification be accepted by the Electoral Court;II -in the case of receipts of funds mentioned in Article 31, participation in the Party Fund shall be suspended for a year;III -in the case of receipt of donations whose amount exceeds the limits provided in Article 39, paragraph 4, participation in the Party Fund shall be suspended for two years and a fine shall be levied against the party equal to the amount that exceeds the limits defined. 

Art. 37. Failure to render accounts or total or partial rejection of rendered accounts shall lead to suspension of new shares from the Party Fund and subject those responsible to the penalties of law.  1.The Electoral Courts may due diligence in order to complement information or resolve irregularities found in the accounts rendered by party leaderships or candidates.  2. The sanction referred to in the caput shall apply exclusively to the party level responsible for the irregularity. 3. The suspension of transfers of new shares from the Party Fund due to total or partial rejection of accounts rendered by parties shall be applied in a proportionate and reasonable mannerfor a period of one (1) month to twelve (12) months, or through discount of the amount to be transferred from the amount identified as irregular; a penalty of suspension may not be levied if the accounts rendered are not judged by the competent court or jurisdiction within five (5) years of their submission.  4. The decision to disallow all or part of the accounts rendered by party institutions may be appealed to the Regional Electoral Courts or the Superior Electoral Court, as appropriate, and such appeal shall be received with suspensive effect.  5. The rendering of accounts rejected by the Regional Courts and the Supreme Court may be reviewed for purposes of proportional application of sanction upon request for that end stated in the records of the accounts rendered.  6.The examination of the accounts rendered by party institutions has jurisdictional nature.

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