According to the Court, the use of the facility cannot be treated as a manifestation of a governmental, ideological or party nature, stressing that the use does not bind the candidate to the administration.
O Regional Electoral Court of Rio Grande do Sul (TRE-RS) decided, by majority, that the use of the Brazilian flag cannot be considered electoral propaganda. The only dissenting vote was from Judge Oyama de Moraes, who said the case should be closed. According to the Court, the use of the facility cannot be treated as a manifestation of a governmental, ideological or party nature, stressing that the use does not bind the candidate to the administration. Consultations on this topic were carried out by the MDB after the judge Ana Lucia Todeschini Martinezfrom the interior of the State, realized that, due to the massive use of flags of Brazil from groups connected to the president Jair Bolsonaro (PL).
In ERT, the judge Vanderlei Teresinha Kubiak argued that the flag is one of the symbols of the Federative Republic of Brazil, as provided for in the Federal Constitution, and that there is no restriction in Brazilian legislation on the use of this article during the election period. In addition, she stated that the Brazilian legal system encourages its use in all patriotic manifestations, even those of a private nature. Finally, Vanderlei Teresinha also says that it would not be “possible” to limit the right of expression through the use of a national symbol due to possible misunderstandings. After the consequences of the case, OAB (Brazilian Bar Association) registering the irritation regarding the judge, emphasizing that the magistrate did not respect the organic law of the judiciary. THE Association of Judges of Rio Grande do Sulon the other hand, rejected the threats against the judge, stating that ERT gave the jurisdictional answer.
*With information from reporter Katiuscia Sotomayor