The Novo party announced the sale of a t-shirt with the print “Brazil first: Zema president”, in reference to the pre-candidacy of the governor of Minas Gerais, Romeu Zema. Sold for R$50 on the acronym’s official website, the product was removed from the catalog after the repercussions.
Expert heard by Estadão says that selling the item could constitute an irregularity as it is outside the official campaign period defined by the Superior Electoral Court (TSE). Novo stated that the party “follows electoral legislation, which authorizes parties to sell products for their financial maintenance”. The online store continues to sell products bearing the symbol of the acronym.
According to the general secretary of the Electoral Law Commission of the Brazilian Bar Association in the Federal District (OAB-DF), lawyer João Marcos Pedra, the sale of a t-shirt emblazoned with Zema’s name and attributing to him the position of president constitutes conduct prohibited by electoral legislation, given that the governor is currently a pre-candidate for the Presidency of the Republic.
“The big problem with this t-shirt, in my opinion, is the indication of ‘president’. Because if we put the name Zema there and the phrase ‘for a better Brazil’, something along those lines, it would be a pre-campaign slogan. So far it would have no implications whatsoever in my opinion. The biggest problem that exists is when you already attribute the position without warning that it is a pre-candidacy”, said the lawyer to Estadão.
The pre-campaign period ends on August 15th. From August 16th, the governor will be able to officially start his campaign, and the Novo party will be able to refer to him as a candidate for President.
“The electoral legislation, in article 36 of Law 9,504/1997, basically says that you cannot make an implicit or explicit request for a vote. From the moment you make a t-shirt placing Zema as president, to some degree it is an implicit request (for a vote), because you are promoting a candidacy that is not yet a candidacy, it is pre”, explained João Marcos Pedra.
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The lawyer states that t-shirts with typical pre-campaign slogans are allowed. As an example, he cites prints with the name of a pre-candidate accompanied by phrases such as “for a better Brazil” or “friend of the community”, as long as there is no direct reference to an elected position.
He points out, however, that before going through party conventions and making candidacies official, there are some precautions that parties and pre-candidates need to take during this period.
“Firstly, you can’t even call him a candidate, because he didn’t go through a convention. And, at another point, you could also be talking about advance advertising, since he is campaigning during a closed period”, said Pedra. “Until August 15th, it is pre-campaign. Any of these behaviors of implicit or explicit request for a vote and declaring oneself a candidate becomes prohibited conduct. These are irregular conducts during this period.”
The lawyer also explains that parties need to pay attention to these behaviors to avoid being punished by the Electoral Court. “If today an opposing pre-candidate decides to file a representation due to irregular advertising, the party and Zema could end up receiving a fine,” said Pedra. The value established in electoral legislation is R$5 to R$25 thousand.
If the sale of the t-shirt had a direct impact on the elections, in a way that would destabilize the competition of the other candidates, Zema could even be the target of an investigation by the Electoral Court and have his ticket revoked.
“What I always suggest is that parties and candidates have legal support during this phase, because sometimes you make someone ineligible due to lack of knowledge. I always suggest that campaign and pre-campaign legal matters are always aligned with marketing”, said Pedra.
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