Banning Convicted Politicians: Effects of Brazil's Clean Records Law

• In Event: Corruption, Crime and Politics in Comparative Perspective

Abstract

An influential literature emphasizes the adverse effects associated with the election of politicians who carry criminal charges on the well-being of society. To gain new insights, this article reverses the question by investigating the consequences of the Clean Records Law in Brazil, a legislative measure enacted in 2010 to prohibit politicians with prior convictions from seeking political office. Designed to curb malfeasance and foster accountability in public office, the law has resulted in more than a thousand former elected officials, including some of Brazil’s most prominent politicians, to be banned from participating in elections for nearly a decade. In conjunction with other significant anti-corruption investigations, the law has generated substantial controversy concerning its possible role in fostering anti-establishment politics. This paper examines whether and how the Clean Records Law has influenced the responsiveness of municipal governments to the communities’ most basic needs, focusing on sanitation, basic health, and early childhood and primary education. To accomplish this, I leverage the timing in the implementation of the law after its approval in Congress, subsequent rulings by the Supreme Court regarding enforcement, and the timing of convictions related to politicians in each municipality. I integrate it with comprehensive data on public service provision and employ measures of electoral competition and anti-establishment politics to examine underlying mechanisms. This research has implications for current debates on anti-corruption efforts and on the challenges for democratic accountability.

Author

• Manoel Gehrke, University of Birmingham