Brazil
| Question | Value |
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1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
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2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
Ban applies to donations from foreign governments andentities.
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3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
Corporate donations to election campaigns deemed illegal by the constitutional court.
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4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
Corporate donations to election campaigns deemed illegal by the constitutional court.
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5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
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6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
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7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
No explicit ban, but de facto ban since the mechanism created to make contributions (only through bank or electronic operations) requires the identification of all contributors.
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8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
No explicit ban, but de facto ban since the mechanism created to make contributions (only through bank or electronic operations) requires the identification of all contributors.
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9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Source
Art. 31. 'A political party may not receive contributions, monetary aid or any form ofaid with value in currency, be it directly or indirectly or in any form or guise, including through advertising of any kind, if such contributions or aid originate from: [...]? III - self-regulated public bodies, public companies or utilities, joint stock companies and foundations established in law and whose resources include funds from governmental bodies or agencies;[...]' (Source: (Lei dos Partidos Políticos No. 9.096, de 19 de setembro de 1995 (2009), (Political Parties' Law)) ) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Source
Art. 24. "Political parties and candidates are prohibited toreceive, either directly or indirectly, cash donations or estimated cash amounts, including by means of publicity of any kind, that originate from: [...] III - concessionaire or permittee authorized to work as a public-utility company; [...]" (Source: (Lei das Eleições No. 9.504, de 30 de setembro de 1997 (2010), (Electoral Law))) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
Art. 31. 'A political party may not receive contributions, monetary aid or any form ofaid with value in currency, be it directly or indirectly or in any form or guise, including through advertising of any kind, if such contributions or aid originate from: [...]? III - self-regulated public bodies, public companies or utilities, joint stock companies and foundations established in law and whose resources include funds from governmental bodies or agencies;[...]' (Source: (Lei dos Partidos Políticos No. 9.096, de 19 de setembro de 1995 (2009), (Political Parties' Law)) ) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
Art. 24. "Political parties and candidates are prohibited toreceive, either directly or indirectly, cash donations or estimated cash amounts, including by means of publicity of any kind, that originate from: [...] III - concessionaire or permittee authorized to work as a public-utility company; [...]" (Source: (Lei das Eleições No. 9.504, de 30 de setembro de 1997 (2010), (Electoral Law))) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
During election years, it is prohibited to any agency of the publicadministration the free distribution of good, values or benefits, except thoserequired in case of disaster or social programs duly authorized. |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
|
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for both natural and legal persons
Comment
Although unusually, the limit is not set as a certain amount but as a percentage of the income or revenue of the donor. This means that the limit varies for different donors of the same type. Source
Art 23. "Individuals may make donations in cash or estimated cash amountsto electoral campaigns, pursuant to the provisions set forth in this Law" § 1º The donations and contributions referred to in this article shall be limited to: I –in case of individuals, a maximum amount of up to ten per cent of the gross income earned in the year before the election [...] [LE] Art. 81. § 1º "Donations and contributions from corporations to political campaigns may be made after due registration of the finance committees of the parties or coalitions.The donations and contributions referred to in this Article are limited to two percent of gross revenues earned in the year preceding the election. [...]" (Source: (Lei das Eleições No. 9.504, de 30 de setembro de 1997 (2010), (Electoral Law))) |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
2% of gross revenues (corporate donor); 10% of income (individual donor)
Comment
Limit applies to contributions from natural and juridical persons refers to gross revenues/income during the year previous to the election.
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18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Source
Art 23. "Individuals may make donations in cash or estimated cash amounts to electoral campaigns, pursuant to the provisions set forth in this Law" § 1º The donations and contributions referred to in this article shall be limited to: I –in case of individuals, a maximum amount of up to ten per cent of the gross income earned in the year before the election [...] Art. 81. § 1º "Donations and contributions from corporations to political campaigns may be made after due registration of the finance committees of the parties or coalitions.The donations and contributions referred to in this Article are limited to two percent of gross revenues earned in the year preceding the election. [...]" (Source: (Lei das Eleições No. 9.504, de 30 de setembro de 1997 (2010), (Electoral Law))) |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Limit is 2% of gross revenues to juridical persons and 10% of the gross revenues to natural persons
Comment
Brazilian electoral law allows?donations to candidates and political parties establishing different quotas to juridical and natural persons.
Source
Brazilian Elections? Law (9.504/97)
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20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
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21. Is there a limit on in-kind donations to political parties? |
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22. Is there a limit on in-kind donations to candidates? |
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23. Is there a ban on political parties engaging in commercial activities? |
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24. Is there a ban on political parties taking loans in relation to election campaigns? |
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25. Is there a ban on candidates taking loans in relation to election campaigns? |
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26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
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27. Are there provisions requiring donations to go through the banking system? |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
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29. What are the eligibility criteria for political parties to receive public funding? |
Code
Share of seats in previous election
Comment
5% in last election
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30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal Proportional to votes received
Comment
5% of the funds are allocated on an equal basisand 95% in proportion to votes obtained in the previous election for theChamber of Deputies.
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31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
At least, 20% of the funds must be spent for intra-party institution(s) dealing with research and/or political education, while no more than 50% can be used to pay rents and salaries.
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32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
Free access to radio and TV is provided on apermanent basis, with special provisions and added times during electoralperiods.
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33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Comment
Non-electoral access available to parties withparliamentary representation. Duringelectoral periods, 33% of the time is allocated on an equal basis to allparties that, aside of having parliamentary representation, have registeredcandidates, and 67% according to their share of seats in the previous electionfor the Chamber of Deputies. |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
Comment
Only to political parties |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Political parties are granted the use of public facilities for their meetings and conventions.
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36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
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37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
Comment
A minimum of 5% of party funds shall be used to promote the political participation of women. 10% of the total party air time should be used to promote women's participation. The Superior Electoral Court will also air 5 minutes of educational campaigns on radio and TV to foster women's political participation per day during the election campaign.
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| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
It is prohibited during campaign periods for campaign committees and candidates to make cash donations or to produce, use or distribute T-shirts, key rings, cups, food baskets or any other good or product that might give him/her any advantage over the electors.
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39. Are there limits on the amount a political party can spend? |
Code
No
Comment
Expenditure limits are only applicable to individual candidates.
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40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
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41. Are there limits on the amount a candidate can spend? |
Code
No
Comment
There is a provision for a special law setting forth limits applicable to every office in dispute, to be issued no later than the 10th of June of the election year. However, this does not always happen and parties are then to set own limits for their candidates, and shall communicate this limit to the EMB. These limits can then vary between candidates for the same position.
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42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
Comment
If the special law is not passed, parties areentitled to decide on their own the limits applicable to each candidacy andshould communicate those limits to the EMB when they register their candidates.?
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43. Are there limits on the amount that third parties can spend on election campaign activities? |
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44. Are there limits on traditional media advertising spending in relation to election campaigns? |
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45. Are there limits on online media advertising spending in relation to election campaigns? |
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46. Do any other restrictions on online media advertisement (beyond limits) exist? |
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Political parties have to submit an annual report at the national,state and municipality levels.
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48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
Political parties have to submit monthly accountabilitybalances during the four months prior and the two after the election.
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49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Candidates to majority elections should submit campaigns income and expense reports through their respective finance committee; candidates to proportional elections can submit reports either personally or through their finance committee.
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50. Do third parties have to report on election campaign finances? |
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51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The annual party reports shall be published in the official gazette by the EMB.During election years, parties and candidates are obliged to publish a detail report on their campaign incomes and expenses on a web site created by the EMB.
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52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
Only the final and consolidated report oncampaign incomes and expenses must clearly indicate the identity and amountcontributed by donors.
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53. Must reports from political parties and/or candidates include information on itemized income? |
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54. Must reports from political parties and/or candidates include information on itemized spending? |
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55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
In addition the Revenue Service receives information on political donations from donors. They have to declare donation on tax forms, athough donations are not deductible
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56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
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57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
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58. What sanctions are provided for political finance infractions? |
Code
Comment
Decertification and cease from office might be applied to candidates who infringed finance regulations.Fines, loss of public funding for up to two years and even deregistration penalties can be imposed on political parties.
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