Chamber approves project to punish discrimination against politicians; text goes to the Senate – 06/14/2023 – Power

The Chamber of Deputies approved this Wednesday night (14) a bill that criminalizes “discrimination” committed “because of being a politically exposed person”.

The proposal was approved by 252 to 163 votes and will now proceed to the Senate. It was voted on after protests by parliamentarians from the allied base of the Lula government (PT) and the opposition to the PT.

The project considers politically exposed persons to be the highest positions in the Republic, including president, federal deputies and senators. Also included in the list, among others, are Ministers of State, members of superior courts, presidents and treasurers of political parties, in addition to governors, mayors, state deputies and councilors.

According to the text, the condition of politically exposed person remains valid for up to five years after the person leaves his public function.

The benefits provided for in the text extend to family members, “close collaborators” and companies of people in these conditions.

Authored by deputy Dani Cunha (União Brasil-RJ), daughter of former mayor Eduardo Cunha, the proposal also provides for punishment for crimes resulting from discrimination against a person who is responding to a preliminary investigation or who is a defendant in an ongoing judicial process.

The project provides for a prison sentence of two to four years, in addition to a fine, in cases that it treats as discrimination against politicians.

For example, for an institution that refuses to grant credit or open a current account to any individual “because of their status as a politically exposed person”.

The proposal also contains a series of rules that financial institutions must comply with in case of refusal. It provides for an infraction, for example, to deny the granting of credit without presenting a document with the technical motivation for the decision, based only on the condition of a politically exposed person. If this documentation is not delivered within five days of the request, the institution is subject to a daily fine of BRL 10,000.

The Novo parties and the PSOL-Rede federation – the PT, PC do B and PV federation released their bench against the text. The opposition also advised against it, while the government did not.

The project was reported by Deputy Claudio Cajado (PP-BA). The text was not on the agenda of the session, which generated criticism from parliamentarians.

According to the mayor, Arthur Lira (PP-AL), the assessment of the project had already been discussed at a meeting of the college of leaders this week.

“If we want to debate something serious to, in fact, put an end to discrimination and the problems of a politically exposed person, as we all are, we have to do something that does not pass this message on to public opinion. And that’s what it will be like reported, that is, that the Chamber of Deputies is voting on a project to shield itself, to shield politicians who are suing in court”, said the leader of the opposition, Carlos Jordy (PL-RJ).

An initial version of Cajado’s report also provided for punishments for those who prevented these people from accessing any position in direct or indirect administration, as well as in public service concessionaires. The article, however, was removed from the final report submitted.

Leader of União Brasil in the Chamber, deputy Elmar Nascimento (BA) made an emphatic defense for the approval of the text. “I don’t know any congressman in this House with the moral authority to extend and point the finger at anyone and say that something is being done to benefit politicians, because it is exactly the opposite”, he said.

“It is inadmissible for a daughter of one of our partners, a nephew of ours, without any type of problem in court, to have her account suspended simply because she is the son, nephew, relative of a politician. the Constitution so that there is no discrimination. Because the one that exists today alienates good men and women who do not want to submit to it”, he declared.