Key facts
- Brazil is opening a new front against organized crime to keep candidates suspected of criminal ties off the ballot for the October general election.
- Prosecutors are advancing an interpretation of Brazilian law that allows them to challenge candidacies based on evidence, not just convictions.
- A Reuters review of 20 rulings barring candidates under this push showed none had been convicted at the appellate court level.
- The head of the electoral court's office in Rio de Janeiro stated that organized crime cannot use the ballot box to institutionalize power.
- Senator Flavio Bolsonaro is being investigated for corruption, according to newly unsealed court files, and denies wrongdoing.
Brazil is implementing an unprecedented campaign to prevent candidates with suspected ties to organized crime from running in the upcoming general election, a move that raises concerns about due process and the potential for political weaponization of accusations. Prosecutors are increasingly using a broader interpretation of the law, challenging candidacies based on evidence rather than requiring a conviction at the appellate court level, which is typically needed to bar candidates.
This new approach has led to several candidates being barred, including some with no known links to armed groups. For instance, Clebio Lopes Jacare, a congressional candidate, had his bid challenged over allegations of being part of a criminal organization, despite not being convicted of any crime. Similarly, Ney Santos, another congressional candidate, faces challenges citing alleged ties to the First Capital Command crime syndicate, though Sao Paulo's electoral courts initially ruled in his favor.
The Superior Electoral Court's 2024 ruling, which allows challenges based on evidence, stems from a constitutional article prohibiting political parties from utilizing paramilitary groups. Claudio de Mello Tavares, head of the electoral court's office in Rio de Janeiro, stated that organized crime should not find a pathway to institutionalize power through the ballot box. The influence of criminal gangs in politics is a significant and growing problem in Latin America, according to Marcela Rios Tobar of the International Institute for Democracy and Electoral Assistance, who also stressed the importance of balancing these concerns with legal due process.
Senator Flavio Bolsonaro, a main competitor to President Lula da Silva, is reportedly under investigation for corruption, though he denies any wrongdoing. The legal efforts have found support among some experts, such as electoral law professor Clever Vasconcelos, who believes courts are responding to a real threat. However, he suggests that Congress should amend the law to provide a firmer legal basis for these efforts. Others, like Priscila Pamela Santos of the Institute for Defense of the Right to Defense, caution against unconstitutional measures that could undermine democracy in an attempt to protect it. Candidates barred by local courts retain the right to appeal to higher electoral courts.