On the 4th, Justice Minister Sergio Moro presented the "anti-crime" package, which provides for changes in the Criminal Code, Code of Criminal Procedure, Electoral Code, among others, with the intention, according to the Minister, to make combat more effective against corruption, violent crime and organized crime.
Among other points, the text provides for the criminalization of "slush fund", the typification, according to the legislative bill, will consist of collecting, receiving, maintaining, moving or use any resource, value, goods or services estimated in cash, in parallel with accounting required by electoral legislation.
The legislative bill also provides for the extension of the application of the criminal penalty to those who donate, contribute or provide resources, as well as for candidates and organs of political parties and coalitions that compete in any way for criminal practice, whose penalty is for imprisonment 02 to 05 years, if the fact does not consist more serious crime.
It happens that the presentation of the criminalization of "slush fund" along with the hardening of the legislation against organized crime and corruption, according to the Minister, caused annoyance to the politicians, and, therefore, will be presented to the Congress as a text apart from the other measures, which may avoid defeat in the House of Representatives and Senate plenaries, and ensure criminalization of conduct.
The Minister further states that "slush fund” should not be in the background, even with the separate presentation, and although the criminalization was rejected by the House of Representatives in 2016, it is believed that it will be approved in the new government.
If approved, donations for election campaigns should be carefully analyzed to avoid typify the crime foreseen in the legislative bill. It should be noted that a donation for election campaign can not automatically typify the crime of "slush fund", not even a money laundering crime, if the source of the donated resource is lawful, nor in the crime of corruption, if the donation is not conditioned to a consideration.
Therefore, donations should be preceded by a strict legal advice, under penalty of the donor to respond by “slush fund” and related crimes, being that the criminal action itself is enough to cast doubt on the image of the company and the executive on the market, causing damages of difficult repair