Ficha Limpa
[3] The story of the Bill 519/09 began with an anti-corruption campaign in February 1997 by the Brazilian Commission for Justice and Peace (CBJP), and the National Conference of Bishops of Brazil (CNBB).
[2] The campaign to send the Chamber of Delegates a bill of popular initiative also included mobilizing through Twitter, Facebook, Orkut and the Brazilian chapter of Avaaz, a global network of activists.
Visiting TRE Ceará, on 29 July 2010, the then-president of the Supreme Electoral Tribunal said:The TSE guides all TREs to adopt the Clean Record earlier this year.
This is the orientation of the TSE, as we move away from the article 16 of the Constitution which deals with the principle of annuality, which is one device that law says that all entailing changes in the electoral process only comes into force a year later.
[9] After the electoral court decision that upheld the bill's validity for the 2010 elections, on account of criticisms made by members of the Supreme Court against the application of the law, such as justices Gilmar Mendes and Marco Aurélio de Melo, several candidates barred by the bill filed legal motions with the federal court, for the right to run for office on the grounds that the law was unconstitutional or not yet effective, since another law bars changes to the electoral process from taking effect on an election year.
Those in favour of the bill taking effect that year claimed, among other things, that the law would not change the election process, but only the rules for registration of candidates.
[citation needed] On September 22, less than a month before the election, the justices of the Federal Supreme Court (STF) began the trial of the case of Joaquim Roriz, a former senator who resigned in 2007 to escape a lawsuit for breach of parliamentary decorum.
[10] Ricardo Lewandowski, Carmen Lúcia, Ellen Gracie, Joaquim Barbosa and Ayres Britto again manifest by the immediate application of the law.
[13] The decision not to apply the law in that election directly benefited several candidates whose eligibility had been barred because of legal actions, such as Jader Barbalho, Joaquim Roriz and João Capiberibe.
[17] Even though the law was found to have been applied on a constitutional basis, protests broke out and some politicians such as Senators Marinor Brito,[18] Heloisa Helena[19] and Pedro Simon, who remembered the popular mobilization and society entities for the civil construction of democracy in Brazil,[20] and that the Law of Clean Record was a popular initiative that had over 1.6 million signatures.
The four dissenting opinions argued on the basis of the principle of presumption of innocence, in section 57 of Article 5 (an entrenched clause) of the Constitution of Brazil, which says that no one shall be considered guilty until a penal sentence was final and unappealable.
However, justice Ricardo Lewandowski said the presumption of innocence that applies to criminal cases, is not being wide enough to reach the text of the Clean Record.
[3] In Novo Hamburgo a law was proposed to prohibit persons, convicted among other offences, of crimes against public faith and popular economy from being appointed to executive positions in the city administration.
5586) was enacted by the president of the City Council disciplining appointments in committee and functions gratified in the bodies of the executive and legislative branches.
[27] The law provides for the ineligibility of candidates who have been found guilty by courts of account, among other associations, without, however, requiring a final and unappealable conviction.
Was it or not the imposition of a penalty to the innocent?To this list are considered the number of candidates released by the Senate on record clean before the elections.
