The decision belongs to the minister Benedito Gonçalves; analyzed a request made by the PDT campaign against “electoral nature” broadcasts
Minister Benedito Gonçalves, of the TSE (Superior Electoral Court), banned the president Jair Bolsonaro (PL) to do “electoral nature” lives in the palaces of Planalto, Alvorado and other “public goods and services” that the Chief Executive only has “Access depending on your position”.
Gonçalves also decided that Bolsonaro’s campaign cannot use images taken on public properties, which also include Planalto and Alvorada. Here’s the intact of the decision (62 KB).
The minister analyzed a request made by the legal coordination of the Ciro Gomes (PDT), made by lawyers Walber Agra and Ezikelly Barros. According to the request, Bolsonaro is using the transmissions to ask for a vote, using “the structure of public administration to satisfy electoral purposes”, which is prohibited. The TSE minister agreed.
“The elements present in the case file are sufficient to conclude, in perfunctory analysis, that access to public goods and services, granted to Jair Messias Bolsonaro by virtue of the position of Head of Government, was used for the benefit of his campaign and candidates by him. supported”, said Goncalves.
The decision also orders YouTube, Instagram and Facebook to withdraw from the air the live presidential election held on Wednesday (21.Sep.2022). In it, the president said that because of the proximity of the elections, he will broadcast every day to promote candidacies of deputies and senators.
“Thus, it is necessary both to determine the removal of potentially irregular material and to prohibit the conduct from being repeated – especially due to the announcement that the lives can be broadcast daily until the eve of the election”concluded the decision.
Legislation
Pursuant to electoral legislation, public agents and employees may not use the movable and immovable property of the Union, States, Federal District and municipalities for the benefit of candidates, parties or coalitions.
There is an exception for holding party conventions. City council and assembly buildings, for example, can be used for these meetings. The DC (Christian Democracy) convention that formalized the candidacy of Jose Maria Eymael to the Presidency of the Republic was made at Alesp (Legislative Assembly of São Paulo), for example.
According to the law, candidates for reelection to the positions of president, governor, mayor and their respective candidates for vice may use official residences for non-public acts.
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