Da ilegalidade do financiamento privado de campanha eleitoral no Brasil e a possível prática de crime eleitoral.

Abstract

This production addresses the possible practice of electoral crime in Brazil's presidential election of 2018, in light of the application of the nº. 9.504/97 Law, as amended by nº 13.488/2017 Law, which prohibits the financing of an electoral campaign by a juridical person. The theme is developed under the title "The illegality of private financing of electoral campaigns in Brazil and the possible practice of electoral crime in the 2018 elections". The research is dedicated to analyzing the history of the election, it’s definition and organization based on the Electoral Law, the structuring of campaign financing, the evolution of legislation on the subject, as well as addressing the Partisan Fund and the Electoral Fund, wich are sources of public funds. It’s commented on the financing models and it’s emphasized the model adopted by Brazil. It is debated on matters disclosed by newspapers about the financing in the 2018 election, there are shown illegalities in the receipt of funds by a certain candidate, thus constituting abuse of economic power typified as an electoral crime. For this purpose, the deductive method was used for research, wich goes from the general to the particular matter until it’s reached a logical and rational conclusion; as well as the exploratory technique, as the familiarity with the theme provides the construction of a reasoning; and the bibliographic research was made through the analysis of doctrines, scientific articles, legal and constitutional text and journalistic information. The choice of theme is due to the intention to encourage debate on current electoral financing. With the objective of analyzing the practices of parties and candidates in the face of recent changes in current legislation, remained exposed the problem: was there an electoral crime in the 2018 elections in Brazil? The hypothesis proved was: in view of the current system of campaign financing and taking into consideration the recent ban on donations of juridical persons, there was an electoral crime, characterized by the abuse of economic power by a candidate who benefited from corporate donations.