TSE denies Flávio's request to ban Lula from Planalto
The chief electoral justice, Ricardo Villas Bôas Cueva, denied on Friday (16) Flávio Bolsonaro's (PL) request to prevent President Luiz Inácio Lula da Silva (PT) from using the Planalto and Alvorada Palaces for electoral content recording. The decision rejected the precautionary measure but did not assess the merits of the political power abuse accusation.
Ricardo Villas Bôas Cueva, co-general of Justiça Eleitoral, denied on Friday (16) the request of the presidential candidate Flávio Bolsonaro (PL) to prohibit President Luiz Inácio Lula da Silva (PT) from using the Palaces of Planalto and Alvorada for the recording of electoral content.
The decision was taken in the context of an action accusing Lula and Vice-President Geraldo Alckmin (PSB) of alleged abuse of political power and authority by the use of events, assets and structures of the Public Administration for the benefit of the presidential candidacy.
The Flávio Bolsonaro campaign claimed that the use of the official palaces for campaign recordings would set up undue advantage, hurting the isonomy among candidates. However, the rapporteur considered that the assessment of the moment is restricted exclusively to urgent requests, and that prohibiting the use of palaces in a generic way could impose excessive restrictions on political communication and the regular exercise of institutional duties.
Injunction Rejected, Merit Continues to Be Reviewed
In denying the precautionary measure, Cueva stressed that the decision does not authorize “the improper electoral use of goods, services or public structures, nor does it prevent the examination of conducts determined in light of the concrete circumstances in which they are practiced”. In other words, the refusal does not mean that the use of palaces for electoral purposes is considered lawful, but only that there are not enough elements for an immediate and generic ban.
The minister failed to analyze the merits of the requests for removal of contents and general abstention from the use of public goods, noting that the defense of Flavio submitted identical requests to other rapporteurs of the TSE. With the rejection of the main precautionary requests, the fixing of the fine requested by the senator was also judged to be impaired.
Context and precedents
The rapporteur stated that the narrated episodes will continue to be determined on the merits of the action to verify the gravity of the facts and the eventual accountability of those involved. Cueva’s decision follows the line of other decisions of the TSE in similar cases, which avoid drastic interventions before the full analysis of the evidence.
In a previous case, Minister Benedito Gonçalves responded to a request from the campaign of Ciro Gomes and considered that videos could hurt the isonomy among the candidates. The comparison between the cases, however, depends on the specific circumstances of each action, and the source did not detail whether there is a direct relationship between the decisions.
What the electoral legislation says
Brazilian electoral legislation prohibits the use of public goods for the benefit of candidates, except in specific situations provided for by law. In the case of official palaces, the residence and the place of work of the president are considered public goods of special use, which generates debate on the permission for campaign recordings.
Experts heard by the report explain that the analysis of each case takes into account factors such as the nature of the event, the presence of other candidates and the purpose of the recording. The source did not detail whether there were any other candidates on the subject.
Next steps
With the refusal of the injunction, the action will follow its normal course in the TSE, with collection of evidence and demonstrations from the parties. There is no set deadline for the merits judgment, but the source did not detail whether there will be a request for additional urgency.
Friday’s decision does not end the controversy, and the issue should continue to generate debate in the coming weeks. The Boca no Trombone Portal will continue to follow the developments in the TSE and the reactions of the campaigns.
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