Cármen Lúcia orders removal of illegal Bolsonaro campaign propaganda in Brasília.

Conjur - Minister Cármen Lúcia, of the Superior Electoral Court, determined that the company responsible for the billboards supporting Jair Bolsonaro on highways in Brasília must remove them within 24 hours, under penalty of a fine of R$1 per day of non-compliance.

The action was brought by the Democratic Labor Party (PDT), which claimed that the panels were irregular electoral propaganda in favor of the candidate seeking reelection.

In her decision, the minister emphasized that "to verify subliminal advertising, one must not only consider the text of the advertisement, but also other circumstances such as images, photographs, means, number, and reach of the dissemination."

Thus, Cármen analyzed that "the billboards, although they do not directly mention the defendant, present content that allows them to be related to his electoral campaign, as demonstrated in the initial complaint and confirmed by the press."

According to the minister, "the photos demonstrate that the billboards contain stylized reproductions of the Brazilian flag and that the colors green and yellow predominate, colors associated with the campaign of candidate Jair Messias Bolsonaro, as is common knowledge." Thus, she understood that "the similarity in the visual identity of the advertising pieces and the themes addressed with the campaign slogans of the represented party is undeniable."

Finally, Cármen considered that "the analysis of what has been presented leads to the acceptance of the request, due to the plausibility of the representative's argument that the billboards convey electoral propaganda for the benefit of the represented parties and that the continued presence of the advertising has the potential to unbalance the competition, since it is a prohibited means." 

The minister also pointed out that "the danger of harm or the risk to the useful outcome of the process is evidenced by the possibility of access to the messages by an increasing number of people traveling on the aforementioned highways." 

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