Unanimously, the Federal Supreme Court (STF) decided this Friday (6) that the practice of slush funds in electoral campaigns can also be punished as an act of administrative improbity.
With the understanding formed by the ministers, the Politicians accused of campaigning with unaccounted resources may be held double responsible: electoral crime and misconduct, if there is evidence of the commission of both.
The issue was defined during the Court’s virtual plenary trial. Electronic voting began in December last year and ended today.
The vote of the rapporteur, minister Alexandre de Moraes, prevailed in the trial. The minister stated that the spheres of accountability are independent and defined that it will be up to the common courts to judge cases of administrative improbity that are also treated as an electoral crime.
At the moment, Acts of improbity are judged in the civil sphere, while the practice of slush funds is the responsibility of the Electoral Court.
Moraes’ vote was followed by ministers Cristiano Zanin, Cármen Lúcia, André Mendonça, Dias Toffoli, Edson Fachin, Luiz Fux, Flávio Dino, Nunes Marques and Gilmar Mendes, who followed the rapporteur with reservations.
