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Brazilian Federal Supreme Court considers inconstitutional a rule allowing anonymous electoral donations

The Plenary Meeting of the Brazilian Federal Supreme Court (STF), by a majority vote, upheld the Direct Action for the Declaration Unconstitutionality (ADI) 5394 to declare the invalidity of an excerpt from the Election Law (9,504 / 1997), introduced by the Electoral Minirreforma (Law 13,165 / 2015), which allowed "hidden donations" to candidates. The board of Justices followed the vote of the rapporteur, Justice Alexandre de Moraes, in the sense of ratify the unconstitucionality of the excerpt, based in the fact that hidden donations remove the transparency of the electoral process and make the control of accounts by the Electoral Court more difficult. The decision confirms an injunction granted by the STF in November 2015, which suspended the effectiveness of the norm under debate.

According to the Federal Council of the Brazilian Bar Association (OAB), the provisions of the Election Law (9,504 / 1997) that allows "hidden donations" to candidates violates the principle of transparency and makes it difficult to trace electoral donations.

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