The jurisprudential and legal modification study and the impossibility of electoral campaign financing by legal entities

Abstract

The Constitution of the Republic of 1988 and ali infra-constitutional and jurisprudential regulations bring, among other commandments, the electoral rules at the national, regional and municipal leveis. The Law on Elections (Law No. 9,504 / 1997), in its previous text, legitimized the possibility of legal entities donating to the financing of electoral campaigns throughout the country, however with the discovery of crimes committed by the improper receipt of amounts in exchange of favors between private enterprises and tbe political class, since tben the need to investigate such criminal practices and the legal modification on the subject has been evident. With the beginning of the police investigations, emerged tbe discussion of sectors of society on the need to tighten electoral rules, especially regarding the punishment of the agent who has already co1mnitted crime or continues to practice against the Public Administration. This study aims to follow the historical cut between 201 O and 2017 of infra-constitutional Evolution and jurispmdence and electoral effects, especially with the approval of Complementary Law 135, of June 4, 2010, better known as "Lei da Ficha Limpa", the ADIN 4.650 / DF, the practical results of Law No. 13,165 / 2015, which eventually repealed some propositions of the Election Law, especially about the effects of the revocation of the electoral campaigns financing by private enterprises. Finally, the effects of budgetary limitation on electoral campaigns proposed by Law nº 13,488/2017.