NEWS IN ENGLISH – First politician sneaks past Ficha Limpa law

05/07/2010 07:59

Débora Zampier Reporter Agencia Brasil

Brasilia – Thanks to a ruling by a Supreme Court justice, Gilmar Mendes, a politician who has been found guilty of a crime by a court (that is, more than just a single judge, known as an “órgão colegiado”) will be able to register his candidacy and run for office in October. The beneficiary of the decision (“suspendeu… inelegibilidade resultante da Lei da Ficha Limpa”) is senator Heráclito Fortes (DEM-PI) who intends to run for reelection.
A state court (“Tribunal de Justiça do Piauí – TJ-PI”) found Fortes guilty of misuse of public resources (“conduta lesiva ao patrimônio público”) when he was mayor of Teresina, Piauí, between 1989 and 1993 [a little bit of the law’s delay there]. Fortes immediately appealed the decision and his appeal has been in the Supreme Court since 2000.
Mendes ruled that Fortes can move ahead with his candidacy as the Supreme Court has not made a final decision on his conviction.
Ficha Limpa became law on June 4 and makes politicians with convictions ineligible to run for office. However, Ficha Limpa is in conflict with the constitution on at least two points. The Supreme Court will have to decide the issue.
According to the site www.congressemfoco.uol.com.br, around 25% of all federal deputies have legal problems that could make them ineligible under Ficha LImpa. And in Rio de Janeiro, out of 70 state legislators, 37 have legal problems.

Allen Bennett – translator/editor The News in English
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