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Jandira Feghali

Physician, federal congresswoman (PCdoB-RJ) and defender of democracy.

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For a clean campaign

The Electoral Court can photograph and monitor a party convention, but it cannot prevent it from happening.

It is regrettable that the electoral process is preceded by actions such as the one we witnessed on June 26th, when Judge Daniela Barbosa's decision attempted to prevent the holding of the PCdoB/RJ Electoral Convention. Even more regrettable is the attempt, through statements and testimonies, to explain an anti-democratic act without any legal basis.

The facts are there and prove the arbitrary nature of the action. The TRE-RJ (Regional Electoral Court of Rio de Janeiro) was officially notified of the Convention's holding; in other words, the body did not learn about the event through social media. The judge's warrant was directed at the "Act of the Popular Front," which does not even legally exist until its registration, and not at the PCdoB's state convention. What was taking place at the time the TRE inspectors entered was the Convention, and as the interim president of the PCdoB/RJ, I did not recognize the document, since it was not addressed to the party or its Convention. Therefore, there was no breach of a court decision.

Contrary to what the judge alleges, social media can and should be used for the dissemination and coverage of party primaries or meetings, as established by article 36-A of Law No. 12.891/13. Nor were the TRE (Regional Electoral Court) inspectors prevented from entering the Convention venue. Those who attempted to prevent the militants from entering the Convention were military police officers, armed with revolvers, disguised as TRE inspectors. Abusing their powers, they closed the doors of private property during a party forum guaranteed by the Federal Constitution, even during the Military Dictatorship.

The Convention was proceeding peacefully, with political celebrations taking place, without any aggression on our part towards property or any person. Contrary to what was stated in the TRE's note, the hostility came from the Court's inspectors against the activists, and not the other way around. In fact, one of the inspectors even used pepper spray inside the Via Show venue, ignoring the presence of seven thousand people, including pregnant women, children, and the elderly.

The Electoral Court can photograph and monitor a party convention, but it cannot prevent it. By requiring that only party members participate in the Convention, the inspectors abused their powers and violated the constitutional right of parties to gather their members, supporters, and guests in a party forum for electoral deliberation, demonstrating an action that went beyond the judicial realm.

We therefore reaffirm the legality of the Convention and, consequently, our non-recognition of the decision against its holding. There is no doubt that the judge's decision was an act of violence against the PCdoB Electoral Convention, a blow to democracy. Otherwise, why would only our militants need to prove affiliation to participate in their party's forums? Why is only the PCdoB prohibited from inviting allied and supporting parties to participate in its events? In truth, it was the PCdoB Electoral Convention that was attacked and harassed.

We will remain steadfast in the fight for democracy, for a clean campaign, reflecting the spirit of the new politics, with a capital "P," denouncing and reacting to actions that violate the Constitution, the impartiality of institutions, and freedom.

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I also use this space to say 'see you soon' to the readers of the esteemed and historic Jornal do Brasil. I also thank JB for its commitment to democracy and freedom of expression, giving us a voice every week and guaranteeing a plurality of opinions and information about Rio de Janeiro, our country, and the world. Thank you very much and see you in October!

Text originally published in Newspapers in Brazil

* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.