"SUPPLEMENTARY LAW NO. 135, OF JUNE 4, 2010"
Amends Supplementary Law no. 64, of May 18, 1990, which establishes, according to § 9 of art. 14 of the Federal Constitution, grounds for ineligibility, cessation periods, and provides other measures, to include hypotheses of ineligibility aimed at protecting administrative probity and morality in the exercise of office.
THE PRESIDENT OF THE REPUBLIC Hereby makes known that the National Congress decrees and I sanction the following Supplementary Law:
Art. 1. This Supplementary Law amends Supplementary Law no. 64, of May 18, 1990, which establishes, according to § 9 of art. 14 of the Federal Constitution, grounds for ineligibility, cessation periods, and provides other measures.
Art. 2. Supplementary Law no. 64, of 1990, shall now read as follows:
“Art. 1. ...................................................................................................................................
I – ...........................................................................................................................................
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c) the Governor and Vice-Governor of a State and the Federal District, and the Mayor and Vice-Mayor who lose their elective offices for violating a provision of the State Constitution, the Organic Law of the Federal District, or the Organic Law of the Municipality, for the elections to be held during the remaining period and for the 8 (eight) years following the end of the term for which they were elected;
d) those against whom a representation has been judged to be well-founded by the Electoral Court, in a decision that has become final or has been rendered by a collegiate body, in a proceeding to investigate abuse of economic or political power, for the election in which they are running or have been certified, as well as for those to be held in the following 8 (eight) years;
e) those who are convicted, in a decision that has become final or has been rendered by a collegiate judicial body, from the conviction until the expiration of the 8 (eight) year period after the fulfillment of the sentence, for the crimes:
1. against popular economy, public faith, public administration, and public assets;
2. against private assets, the financial system, the capital market, and those provided for in the law regulating bankruptcy;
3. against the environment and public health;
4. electoral, for which the law prescribes a penalty of deprivation of liberty;
5. of abuse of authority, in cases where there has been a conviction for loss of office or disqualification from holding public office;
6. of laundering or concealing assets, rights, and values;
7. of trafficking in narcotics and related drugs, racism, torture, terrorism, and heinous crimes;
8. of reducing to a condition analogous to that of a slave;
9. against life and sexual dignity; and
10. committed by a criminal organization, gang, or group;
f) those who are declared unworthy of military rank, or incompatible with it, for a period of 8 (eight) years;
g) those whose accounts related to the exercise of public offices or positions are rejected due to an unresolvable irregularity that constitutes a willful act of administrative misconduct, and by an unappealable decision of the competent body, unless such decision has been suspended or annulled by the Judiciary, for the elections to be held in the following 8 (eight) years, counted from the date of the decision, applying the provisions of inciso II of art. 71 of the Federal Constitution to all authorizing officers, without excluding mandataries who have acted in such capacity;
h) holders of positions in direct, indirect, or foundational public administration, who benefit themselves or third parties, through abuse of economic or political power, who are convicted in a final decision or by a collegiate judicial body, for the election in which they are running or have been certified, as well as for those to be held in the following 8 (eight) years;
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j) those who are convicted, in a final decision or by a collegiate body of the Electoral Court, for electoral corruption, illicit suffrage solicitation, illicit donation, solicitation, or campaign expenditure, or for conduct prohibited to public agents in electoral campaigns that result in the cancellation of registration or diploma, for a period of 8 (eight) years from the election;
k) the President of the Republic, the Governor of a State and the Federal District, the Mayor, members of the National Congress, State Legislative Assemblies, the Legislative Chamber, Municipal Chambers, who resign from their mandates from the offering of a representation or petition capable of authorizing the opening of a process for violating a provision of the Federal Constitution, the State Constitution, the Organic Law of the Federal District, or the Organic Law of the Municipality, for the elections to be held during the remaining period of the term for which they were elected and for the 8 (eight) years following the end of the legislative term;
l) those who are convicted of the suspension of political rights, in a final decision or by a collegiate judicial body, for a willful act of administrative misconduct that causes damage to public assets and illicit enrichment, from the conviction or final judgment until the expiration of the 8 (eight) year period after the fulfillment of the sentence;
m) those who are excluded from the exercise of their profession, by a sanctioning decision of the competent professional body, as a result of an ethical-professional infraction, for a period of 8 (eight) years, unless the act has been annulled or suspended by the Judiciary;
n) those who are convicted, in a final decision or by a collegiate judicial body, for having dissolved or simulated the dissolution of a marital union or stable union to avoid the characterization of ineligibility, for a period of 8 (eight) years after the decision that recognizes the fraud;
o) those who are dismissed from public service as a result of administrative or judicial proceedings, for a period of 8 (eight) years, counted from the decision, unless the act has been suspended or annulled by the Judiciary;
p) individuals and directors of legal entities responsible for electoral donations deemed illegal by a final decision or by a collegiate body of the Electoral Court, for a period of 8 (eight) years after the decision, observing the procedure provided for in art. 22;
q) magistrates and members of the Public Prosecutor's Office who are compulsorily retired due to a sanctioning decision, who have lost their office by sentence, or who have requested voluntary resignation or retirement pending administrative disciplinary proceedings, for a period of 8 (eight) years;
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§ 4. The ineligibility provided for in letter e of inciso I of this article shall not apply to negligent crimes and those defined by law as of lesser offensive potential, nor to private penal actions.
§ 5. Resignation to comply with the disincompatibility requirements for candidacy for an elective office or for assuming a mandate shall not generate the ineligibility provided for in letter k, unless the Electoral Court recognizes fraud against the provisions of this Supplementary Law.” (NR)
“Art. 15. Once the decision rendered by a collegiate body declaring the candidate's ineligibility has become final or has been published, their registration shall be denied, or canceled if already made, or their diploma declared null if already issued.
Sole paragraph. The decision referred to in the caput, regardless of the presentation of an appeal, shall be immediately communicated to the Electoral Public Prosecutor's Office and to the competent Electoral Court body for candidate registration and diploma issuance of the defendant.” (NR)
“Art. 22. .................................................................................................................................
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XIV – if the representation is judged to be well-founded, even after the proclamation of the elected, the Court shall declare the ineligibility of the represented party and of all who have contributed to the commission of the act, imposing on them a sanction of ineligibility for the elections to be held in the 8 (eight) years following the election in which it occurred, in addition to the cancellation of the registration or diploma of the candidate directly benefited by the interference of economic power or by the diversion or abuse of authority or mass media power, ordering the referral of the case files to the Electoral Public Prosecutor's Office, for the initiation of disciplinary proceedings, if applicable, and criminal proceedings, ordering any other measures that the case may require;
XV – (revoked);
XVI – for the configuration of the abusive act, the potential for the fact to alter the election result shall not be considered, but only the gravity of the circumstances that characterize it.
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“Art. 26-A. If the ineligibility provided for in this Supplementary Law is removed by the competent body, the provisions of the law establishing norms for elections shall apply to the candidate registration.
“Art. 26-B. The Public Prosecutor's Office and the Electoral Court shall give priority, over all others, to cases of diversion or abuse of economic power or of authority until they are judged, with the exception of habeas corpus and writ of mandamus.
§ 1. It is forbidden for the authorities mentioned in this article to fail to comply with any deadline provided for in this Supplementary Law under the allegation of workload in the exercise of regular duties.
§ 2. In addition to the judicial police, the federal, state, and municipal revenue agencies, the courts and audit bodies, the Central Bank of Brazil, and the Council for Financial Activities Control shall assist the Electoral Court and the Electoral Public Prosecutor's Office in investigating electoral offenses, with priority over their regular duties.
§ 3. The National Council of Justice, the National Council of the Public Prosecutor's Office, and the Electoral Inspectorates shall monitor the monthly activity reports provided by the Electoral Court units to verify any unjustified non-compliance with deadlines, promoting, when appropriate, the due accountability.”
“Art. 26-C. The collegiate body of the court responsible for reviewing appeals against the collegiate decisions referred to in letters d, e, h, j, l, and n of inciso I of art. 1 shall be able, on a precautionary basis, to suspend ineligibility whenever there is plausibility of the appeal's claim and provided that the measure has been expressly requested, under penalty of preclusion, at the time of filing the appeal.
§ 1. If suspensive effect is granted, the judgment of the appeal shall have priority over all others, except for writs of mandamus and habeas corpus.
§ 2. If the conviction from which the ineligibility derived is upheld or the preliminary suspension mentioned in the caput is revoked, any registration or diploma eventually granted to the appellant shall be revoked.
§ 3. The practice of manifestly dilatory acts by the defense, during the processing of the appeal, shall result in the revocation of the suspensive effect.”
Art. 3. Appeals filed before the effective date of this Supplementary Law may be supplemented for the purpose referred to in the caput of art. 26-C of Supplementary Law No. 64, of May 18, 1990, introduced by this Supplementary Law.
Art. 4. Inciso XV of art. 22 of Supplementary Law No. 64, of May 18, 1990, is hereby repealed.
Art. 5. This Supplementary Law shall enter into force on the date of its publication.
Brasília, June 4, 2010; 189th year of Independence and 122nd year of the Republic.
LUIZ INÁCIO LULA DA SILVA
Luiz Paulo Teles Ferreira Barreto
Luis Inácio Lucena Adams
This text does not substitute the one published in the DOU of 07/06/2010
Amends Supplementary Law no. 64, of May 18, 1990, which establishes, according to § 9 of art. 14 of the Federal Constitution, grounds for ineligibility, cessation periods, and provides other measures, to include hypotheses of ineligibility aimed at protecting administrative probity and morality in the exercise of office.
SUPPLEMENTARY LAW NO. 135, OF JUNE 4, 2010
