TRE-SP allows the use of Bolsonaro's image in propaganda for a candidate for deputy

Election propaganda in which the candidate for deputy appears next to a photo of Jair Bolsonaro — Photo: Personal archive

The Regional Electoral Court of São Paulo (TRE-SP) unanimously overturned this Friday (11), the decision that prohibited a candidate for state deputy from using the image of former president Jair Bolsonaro (PL) in electoral propaganda.

The judges accepted an appeal against the ban and rejected the representation of candidate for state deputy Duda Hidalgo (PT) against state deputy Lucas Bove (PL), who is seeking re-election, according to the trial certificate.

With this, the order that prevented Bove from reusing Bolsonaro's image in the campaign is no longer valid. The order provided for a fine of R$2,000 to R$8,000 in case of non-compliance. The representation questioned banners in Ribeirão Preto (SP) in which he appears alongside the former president.

In the opinion of the judges, the Federal Supreme Court's decision to suspend Jair Bolsonaro's political rights does not automatically impose restrictions on third parties and, therefore, does not prevent the use of the former president's image in the electoral campaign.

"The use of an image of a person with suspended political rights in electoral propaganda is not prohibited by electoral legislation, unless expressly provided for", agreed the judges.

Understand the case

The ban had been ordered on September 1st by judge Ronnie Hebert Barros Soares. In the banner, Bove appears alongside Bolsonaro. At the bottom, the piece also shows Tarcísio de Freitas (Republicans), governor and candidate for re-election, and Flávio Bolsonaro (PL), candidate for President.

In the representation, Duda Hidalgo alleged irregular use of the former president's image and questioned the presence of propaganda in public squares.

By prohibiting the use of the image, the judge considered that the penalty imposed on Bolsonaro by the Federal Supreme Court (STF), in the trial of the attacks on January 8, 2023, includes the prohibition of publicizing political-electoral demonstrations, including through third parties.

He denied, however, the request to prevent the placement of banners in squares, as he understood that they did not block the passage of people.

READ MORE

Electoral Public Ministry spoke out for the ban

On August 30, before this decision, the Public Electoral Ministry (MPE) had expressed itself in favor of the ban. For the organization, the advertisements that linked Bove's image to Bolsonaro's violated the STF's decision in Criminal Action 2,668 and should be withdrawn.

In the defense presented to the Electoral Court, Bove's lawyers argued that reproducing Bolsonaro's image does not equate to the former president's personal, current and voluntary participation in the campaign.

They also stated that the suspension of political rights determined by the STF does not restrict freedom of expression nor prevent third parties from using the public image of a leader as a political reference. The thesis had been rejected by the judge in the decision of September 1st.

VIDEOS: Everything about Ribeirão Preto, Franca and the region