O Public Prosecutor's Office The newspaper reports that a company is preparing a new strategy to combat the influence of organized crime in elections. The GlobeThe measure aims to instruct prosecutors and attorneys across the country to use evidence obtained in criminal investigations to challenge the candidacies of politicians suspected of having ties to criminal factions, even when there are no court convictions that formally disqualify them from running for office.
The initiative is led by the Working Group to Combat Organized Crime in the Electoral Sphere, created this year with the objective of strengthening mechanisms to prevent the infiltration of criminal organizations into the electoral process. The proposal is to incorporate the new tool into a guidance manual focused on this year's elections, expanding the instruments available to challenge candidacies considered incompatible with the constitutional principles governing political activity.
The assessment within the Public Prosecutor's Office is that the Electoral Court can act preventively when there is a consistent body of evidence capable of demonstrating links between candidates and criminal organizations, even if there is no definitive criminal sentence.
Strategy based on recent decisions
The coordinator of the working group, regional electoral prosecutor Sarah Britto, stated in an interview with the newspaper... The Globe that the initiative is based on understandings adopted by the Electoral Court during the 2024 municipal elections.
According to her, several electoral courts have begun to recognize links between candidates and criminal factions based on an interpretation of the Federal Constitution, which prohibits political parties from maintaining ties with paramilitary organizations.
The Public Prosecutor's Office analyzed decisions made in the last election to identify which elements were decisive in leading judges to recognize the existence of relationships between candidates and criminal groups.
The results of this study will form the basis for a technical note that should be released later this month. The document will include guidelines for members of the Public Prosecutor's Office and examples of situations identified in previous elections.
Criminal evidence may strengthen appeals.
The main novelty lies in the possibility of using evidence produced in criminal investigations and proceedings to support requests to challenge candidacies.
Examples cited include testimonies given before judicial authorities, security camera footage, police surveillance records, and other evidence capable of demonstrating connections between candidates and members of criminal factions.
In practice, if a prospective candidate is mentioned in court testimonies, appears in audiovisual recordings alongside criminals, or is associated with the activities of armed groups, this information may be used by the Public Prosecutor's Office to request the Electoral Court to reject their candidacy.
The recommendation, however, is that such evidence be analyzed together, within a broader context, avoiding the use of isolated elements as the sole basis for preventing a candidacy.
Anonymous tip lines and business relations are now under scrutiny.
In addition to the evidence traditionally gathered in criminal investigations, the Public Prosecutor's Office intends to expand the sources of information used in investigating possible links with criminal organizations.
Among the elements that may be considered are records from anonymous reporting services, especially in areas where residents face difficulties accessing formal reporting channels due to the actions of criminal factions.
Reports from businesspeople operating in regions dominated by organized crime that indicate informal commercial or corporate relationships involving candidates may also be analyzed.
According to Sarah Britto, the strategy should not only target candidates directly linked to the factions, but also politicians who may benefit from the support or influence of these groups during election campaigns.
Nevertheless, the prosecutor emphasizes that any initiative will depend on the existence of robust evidence that effectively demonstrates the relationship between the candidate and the criminal organization.
The investigation could reach the candidates' inner circle.
The working group also suggested expanding the scope of investigations conducted before elections.
The recommendation is that prosecutors examine not only the candidates' background, but also information related to their closest circle, including family members, business partners, colleagues, and people with whom they have frequent contact.
The surveys may consider a period of up to eight years prior to the election, with the aim of identifying patterns of association or collaboration with criminal groups.
Among the recommended measures are consultations regarding ongoing criminal proceedings and investigations, analysis of precautionary measures already decreed by the courts, assessment of weapons seized from groups linked to the candidates, and verification of asset, business, and corporate ties.
Social media should also be monitored for public displays of closeness to gang members or expressions of support for criminal groups.
Communications within prisons may also be analyzed.
Another planned area of focus involves the analysis of materials seized in prison facilities.
The Public Prosecutor's Office considers it relevant to examine any messages, notes, manuscripts, communications known as "salves," and other communications intercepted with judicial authorization to identify possible instructions from criminal leaders in favor of certain candidates.
Territorial coincidences and recurring relationships between politicians and members of factions will also be observed, especially in regions where criminal organizations exert a strong influence over the population.
For Sarah Britto, the new tool represents a way to prevent criminal groups from expanding their presence within democratic institutions.
According to her, the goal is to "close the gateway for crime into institutional settings."
Cases from Rio and Amapá serve as a reference.
A large portion of the precedents analyzed by the Public Prosecutor's Office involve candidacies registered in the state of Rio de Janeiro.
One of the most emblematic cases was that of Dinho Resenha, who intended to run for a city council seat in Belford Roxo, in the Baixada Fluminense region, representing the Republicanos party.
Although there were no convictions that would make him ineligible, the Electoral Court denied his candidacy registration based on an analysis of his past record.
Another episode mentioned in the group's discussions involves a candidate known as Caçula, linked to the Amapá Terror Family faction.
Initially, his candidacy for city councilor in Macapá was authorized. However, during the election campaign, the courts ordered his preventive detention following allegations that residents of a housing complex were being threatened to vote for him under threat of eviction from their homes.
The candidate was not arrested at that time. Later, the arrest warrant was suspended due to rules limiting the arrest of candidates during the election period.
Days later, however, the Regional Electoral Court of Amapá reinstated the measure, understanding that his continued freedom represented a risk to voters.
According to members of the Public Prosecutor's Office, cases like this demonstrate the need for more effective instruments to prevent criminal organizations from using the electoral process as a way to expand their influence over public power.
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