The Attorney General of the Republic, Augusto Aras, spoke out against the law that allows an increase in public spending on government advertising in election years in 2022. In Aras’ understanding, the change sanctioned by President Jair Bolsonaro (PL) cannot be applied. this year’s elections in the face of a risk of “altering the balance” between all candidates.
The understanding of the PGR was presented this Wednesday (22) in two actions that are being processed in the Federal Supreme Court (STF).
For Aras, “any increase in the spending limit on institutional advertising, which took place less than a year before the elections, has the potential to alter the pre-established balance between the candidates”.
The PGR stated, however, that the law itself is not unconstitutional, but its application this year.
“There is no unconstitutionality here, because the legislator acted within his (broad) power to conform the laws. By the way, the new way of calculating the limit for expenses with institutional advertising in the first half of the election year maintains compatibility with the principle that is at the origin of the legal provision: that of equal chances between candidates”, said Aras.
The actions were presented by the PT and the PDT. The parties questioned a law that, in practice, would allow an increase in public spending on advertising. In the calculations made by the Senate, this increase would be around R$ 25 billion this year.
In the first half of an election year, federal, state and municipal public agencies cannot increase their advertising expenses. Under the old rule, spending would be limited to calculating the average of what was spent in the first half of the previous three years.
With the new law, however, the limit was changed. The calculation started from the monthly average of the amount committed (that is, reserved, and not what was actually paid) in the last three years, multiplied by six.
The rapporteur of the cases is Minister Dias Toffoli. The actions already have a date set to be judged in the virtual plenary of the STF (modality of judgment in which there is no discussion and the ministers register their votes in the Supreme system). It will be from next Friday (24th) until July 1st.
Source: CNN Brasil
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