Unfortunately for the judge, TRE decides that the use of the Brazilian flag is not election propaganda – Portal CM7 – Notícias de Manaus i Amazonas

Written by Henrique on July 16, 2022 at 10:48 am | Updated on July 16, 2022 at 10:48 am

Brazil – The decision, at the national level, was made this Friday (15th), after the repercussion of the statement of the electoral judge Ana Lucia Todeschini Martinez, from the 141st electoral zone of Santo Antônio das Missões e Garruchos (RS). The judge stated that she understood that using the flag in a fixed way would configure improper election propaganda for “one side” of politics.

The subject was presented to the full court by the Vice President and Internal Affairs Officer, Judge Vanderlei Kubiak, “because of the great national resonance.” Corregedora emphasized in her vote that the national flag stands out as a symbol of the Federative Republic of Brazil. “Art. 13, §1, of the Federal Constitution foresees the national flag as one of the national symbols, it seeks to show Brazilian sovereignty and give the people belonging to the unity”.

According to the members of TRE-RS, there are no specific restrictions in Brazilian legislation for the use of the national flag during election periods, “on the contrary, what exists in the Brazilian legal system is an encouraging command of its use in all patriotic manifestations”, including on a private basis. “It does not see as sustainable the limitation of the right to freedom of expression, regarding the use of the national symbol, the understanding of the characterization of election propaganda”, it is emphasized in the publication of the decision on the court’s website.

The President of the TRE-RS, Judge Francisco José Moesch, followed the understanding of the rapporteur and emphasized that there is a decision of the TSE, in response to Consultation 1271, according to which national, state and municipal symbols, including the flag, do not bind the candidate to the board, ” because they are not tied to it, but to the people, and, consequently, their use in election propaganda by any candidate, party or coalition”.

In an interview with Rádio Fronteiras Missões, published on the station’s website, Ana Lucia stated that she understood that the fixed use of the flag would be understood as improper propaganda, subject to a fine, from the period of official election propaganda, which begins on August 16. According to the judge, this decision would only change if there are guidelines that differ from the Supreme Electoral Court or the State Regional Electoral Court.

With information via Gazeta do Povo

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