An official letter was sent to the Federal Supreme Court (STF) by the Chamber of Deputies, where it is stated that the creation of benefits during the election period, just as happened with the “PEC das Kindness”, does not represent a danger of violating the freedom of of the vote. It was also alleged that this overthrow made in the Proposed Constitutional Amendment by the Court could end up aggravating the economic and social situation of the country.
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It is worth highlighting one of the parts of the letter issued by the Chamber, which said: “This eventual withdrawal of benefits released until the second round of elections would end bringing very serious economic consequences, which would worsen the situation of shortages in the country and generate greater social instability, a risk that we must avoid".
It was also defended by the Chamber of Deputies that this PEC cannot unbalance the presidential race. Therefore, the Bolsonaro government was allowed to circumvent the electoral law, increasing the Auxílio Brasil from R$ 400.00 to R$ 600.00, in addition to doubling the value of the gas voucher for people registered in the benefit and the creation of BEm truck driver.
The proposal also defined an additional expense in the amount of R$ 41.2 billion that was not foreseen in the federal government budget. However, the legislation states that, for at least three months before the election, it is forbidden to create benefits and promote expenses that could benefit a candidate.
Soon after the approval of the PEC das Bondades by Congress, a lawsuit was filed in the STF by the New Party, saying that this proposal was unconstitutional and that had a procedural defect, which could affect voters' freedom to vote due to the benefits released on the eve of the election presidential. It was also mentioned that this project “affronts the safeguard of annuality already in progress”.
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