Corporate financing of electoral campaign and subsequent relationship with the elected government: guidelines for the preventive system of electoral criminal offenses and the endemic model of corruption

Abstract

The present work aims to approach in a contextualized way the Brazilian electoral system, its ills, legislative peculiarities, achievements and the recent discussions about the financing of electoral campaigns, which directly refers us to the study of criminally reprehensible conduct carried out in the course of political activities, whether by parties, candidates or even by private entities that have vested interests, sometimes, to sponsor the electoral process. What are the limits or controls necessary to legitimize the existence of public or private subsidies in electoral campaigns? In the face of so many scandals involving corrupt and immoral conducts, is it possible to make the electoral financing system efficient? These points are discussed in the current proposal for political reform and the presente study brings out the need to establish guidelines for the preventive system of electoral criminal offenses related to campaign financing and corrupt practices resulting from agreements with donors. In addition to the transparency of electoral activities, controls and rigid spending limits, a proposal

for open government and the very effectiveness of corporate integrity, a recent change in the corporate sphere, but reflected in the conduct of business and in the anti-corruption culture. By the present research it can be concluded that the existence of norms that regulate the electoral system is not sufficient to cover the complexity of activities and agents involved in the subject, which makes necessary to create effective controls and clear demonstrations for the society about the destination

of the money used, as a way of repudiating acts that are unseemly and incoherent with the ideas of Democracy and Citizenship. The education is extremely necessary to develop an anticorruption culture. In face to persecute an ethical way to subsidies the electoral campaigns by corporates and avoid the corruption practices by the sponsors, the Brazilian law needs to input the obligation for the companies that wants to donate to comprove the effectiveness of their compliance programs. The research technique is indirect documentation, which covers documentary and bibliographic research. This allows the factual and theoretical rescue of the peculiarities of the business financing of the electoral campaign, by means of the confrontation between the dogmatic currents that form the central pillars of sustentation of the defended theses. The procedure methods used are historical; monographic and; static. The fundamental axis of research is in the empirical-dialectical method, as an art of solving the problem, based on reality (legal experience) and on the knowledge of law at a

given historical moment. In addition, the technical-legal method is adopted, through valuation and social conceptions, to understand the meaning of normative statements.