Election campaigns are carefully planned by political parties and candidates in order to win votes from voters. However, certain rules must be respected.
Therefore, to facilitate this procedure, we have developed a checklist for electoral advertising within the Brazilian regulatory system.
Based on the TRE (Regional Electoral Court) handbook and the ebook "Quick Guide to Electoral Propaganda" by lawyer Wandir Allan, we have organized the material in an easy and clear way for professionals working in Electoral Law.
First step: opening the CNPJ (Brazilian tax ID) and bank accounts for the campaign.
As a rule, election campaigning must take place from August 16th of the election year until election day (according to article 36 of Law No. 9.504/97 ).
However, there are regulations linked to other legal matters, such as those concerning campaign fundraising and spending, which include an important chapter that we will discuss below.
In fact, it is not enough to reach the permitted date for electoral campaigning; the production of campaign material should only begin after the candidate has registered their CNPJ (Brazilian tax ID) and opened their campaign bank accounts.
After this important first step has been explained, we will now look at the rules regarding election campaigning that must be respected.
Electoral propaganda
NOT ALLOWED UNDER ANY CIRCUMSTANCES
- Offering promotional gifts in general (T-shirts, caps, pens, keychains, basic food baskets, including hand sanitizer, COVID masks, etc.)
- Election propaganda that causes damage to urban aesthetics, hygiene, or peace and quiet, except in cases of authorized election propaganda instruments;
- Election propaganda aimed at defaming, slandering, or insulting another candidate, party, or person;
- Outdoor advertising (including electronic billboards), other advertising equipment, or even groups of items that create a visual effect similar to that of a billboard;
- Election propaganda involving violence, war, revealing discrimination, inciting attacks, collective disobedience, or threatening public order;
- Election propaganda that involves promising or soliciting money, gifts, raffles, lotteries, or advantages of any kind;
- Election propaganda via telemarketing, it is emphasized that this is prohibited even when disguised as suggestive election research;
- The use of election propaganda in a foreign language is permitted, except for propaganda in indigenous languages, which are similar to those used in electronic voting machines;
- To alter, damage, or obstruct someone else's campaign advertising that is being conducted in accordance with electoral law;
- Using intellectual property such as music, photos, texts, and similar creations without authorization from the copyright holder is a fact that producers of electoral content must also carefully safeguard against.
- Political rallies with entertainment, even through virtual platforms or live streams;
- Disrespect for national symbols.
Election propaganda on vehicle stickers
PERMITTED
- Use of adhesive on cars, trucks, bicycles and motorcycles;
- Micro-perforated sticker on the rear windshield of the vehicle (up to the full dimension of the glass), also known as see through;
- Common stickers in other areas of the car with a maximum size of 0,5 m2 (half a square meter), including bumper stickers.
NOT ALLOWED
- Using overlapping adhesive or paper exceeding 0,5 m2 (half a square meter) – that is, placing several stickers on the same side of the vehicle;
- To wrap the vehicle;
- Sticker application for a fee;
- Sticker on vehicles registered in the name of a legal entity;
- Use of stickers on taxis, Uber, POP, buses, school transport and other vehicles that transport passengers.
Election propaganda using loudspeakers and amplifiers.
PERMITTED
- For mobile loudspeakers and amplifiers, usage is permitted from 8 AM to 10 PM, while for fixed sound systems, usage is permitted from 8 AM to midnight.
- At the closing rally, the time may be extended by 2 hours.
NOT ALLOWED
- On election day.
Election propaganda using sound trucks, mini-trios, and mobile sound systems.
PERMITTED
- Sound trucks and mini-trios are only allowed in motorcades, marches and parades or during meetings and rallies;
- It is necessary to observe the limit of 80 decibels, measured 7 meters away from the vehicle.
NOT ALLOWED
- The circulation of sound trucks with amplifiers and loudspeakers or mini-trios in an isolated manner;
- Electric trio, except for sound amplification at rallies.
It should be noted that here the candidate may indeed travel on top of vehicles (sound trucks and mini-trios) using a microphone, provided they are in a motorcade.
Election propaganda at a rally.
PERMITTED
- Fixed sound systems (from 8 am to midnight) and mobile loudspeakers and amplifiers are permitted from 8 am to 10 pm, as previously mentioned;
- The use of a sound truck is only permitted for providing sound for political rallies;
- Public meetings or closing meetings, regardless of authorization or permission, must be reported to the police within 24 (twenty-four) hours.
NOT ALLOWED
- Rally within 48 hours before the elections;
- A political rally or similar event;
- Rallies within 200 meters of the following locations: headquarters of the Executive and Legislative branches, courts, barracks and other military establishments, hospitals;
- Health centers, schools and public libraries, churches, theaters – when in operation.
Election propaganda on private property
PERMITTED
- Use of adhesive on residential windows, spontaneously and free of charge, provided it does not exceed 0,5 m2 (half a square meter);
- Spontaneous expression of support by a voter for their candidate on private property, provided that the material is created and paid for by the voter and the total cost of production and distribution does not exceed R$1.000,00.
NOT ALLOWED
- Payment in exchange for advertising space;
- Inscriptions or paintings on facades, walls, or fences in the graphic style of election propaganda, paid for by the candidate;
- Banners and signs in the graphic style of electoral advertising, paid for by the candidate;
- Stickers or paper placed side by side that exceed the limit of 0,5 m2 (half a square meter);
- Use of adhesive film on property registered in the name of a legal entity.
Election propaganda on public and commonly used property.
PERMITTED
- Setting up tables for distributing campaign material along public roads;
- The use of flags in public areas of up to 4m2 is permitted, provided they are mobile and do not obstruct the passage of people and vehicles, and must be placed between 6 am and 22 pm.
NOT ALLOWED
- In public property and other areas where use depends on concession or authorization from public authorities.
- In property for common use;
- Graffiti, paint inscriptions, placement of signs, banners, streamers, easels, mannequins, and similar items;
- Public lighting poles, traffic signs, viaducts, pedestrian walkways, bridges, bus stops, trees and gardens located in public areas, walls, fences and dividing barriers.
Please note that the Electoral Law emphasizes that any and all private property or buildings with free public access are considered public property – such as shops, supermarkets, doctor's offices, churches and temples, clubs, associations, markets, football stadiums, sports arenas, and others.
Election propaganda on the internet and social media.
PERMITTED
- Starting on August 16th of the election year, according to article 36, caput, Law No. 9.504 / 97It is possible to publicize your candidacy, the position you are seeking, your qualities, and your request for votes;
- Identifiable voters (i.e., not anonymous) exercise their freedom of expression, participate in political debates, support or criticize political parties or candidates;
- Disseminating electoral propaganda on the candidate's, political party's, or alliance's website is prohibited if the address has been communicated to the electoral judiciary and is hosted by a provider established in Brazil.
- Sending via instant messaging, email, social media, WhatsApp, and similar platforms is permitted, provided that the messages are properly identified and have a mechanism that allows the recipient to unsubscribe.
- Publications on blogs, social networks, instant messaging sites, and similar internet applications;
- Virtual reproduction of pages from the printed newspaper on the internet, provided that it is done on the newspaper's own website, fully respecting the graphic format and content of the printed version;
- Content boosting on social media and search engines is permitted only for the publication of advertisements with positive content about the candidacy, and must clearly and legibly include the CNPJ/CPF registration number of the responsible party, as well as the phrase "electoral advertising," provided it is contracted by a political party, candidate, or coalition.
NOT ALLOWED
- Anonymity;
- Boosting digital content and tools not made available for general use by the internet application provider, in order to alter the content or impact of election propaganda;
- Purchase of email lists, contact lists, and cell phone numbers for use on WhatsApp;
- Publish or promote new content on election day;
- Spreading, reproducing, or reposting fake news or anonymous propaganda – in this case, even if the candidate and the party were not responsible for producing the content, they remain liable for it;
- Publication of election propaganda on pages belonging to legal entities or on official websites of bodies or entities of the direct or indirect public administration;
- Mass dissemination of content via social media and WhatsApp;
- Use of telemarketing services;
- Candidates should not hire social media content promotion services;
- Promoting negative publicity for elections.
Here, it is important to emphasize that the routing of electronic or instant messages must always allow voters who do not wish to receive them to unsubscribe (thus, candidates have up to 48 hours to stop the forwarding of messages).
Election propaganda in print media
PERMITTED
- During the period leading up to the day before the elections;
- Paid promotion of a candidacy or party, through the publication of up to ten electoral propaganda advertisements, per media outlet, on different dates, for each candidate;
- Disseminating favorable opinions about candidates, political parties, or coalitions, provided that these opinions are not paid for.
NOT ALLOWED
- Publications that exceed 1/8 of a standard newspaper page or 1/4 of a magazine or tabloid page;
- The amount paid for the placement should not be clearly stated in the advertisement.
Please note that care must be taken when expressing opinions and criticisms of candidates and political parties, as abuse of power and excessive behavior may be investigated and punished for abuse.
Also check out the article that discusses the limits of freedom of expression.
Election propaganda in printed material
PERMITTED
- Distribution of leaflets, stickers, flyers, newspapers and other printed materials, which must always contain the CNPJ (Brazilian corporate tax ID) or CPF (Brazilian individual tax ID) of the person responsible for their production, as well as the person who contracted them, in addition to the respective print run and the name of the party and/or coalition (in the case of a majoritarian election);
- The name of the vice-presidential candidate must be clearly and legibly displayed, in a size no smaller than 30% of the size of the main candidate's name (in the case of a majority election).
NOT ALLOWED
- The dumping of campaign leaflets and other printed materials at polling places or on nearby streets, even if done the day before an election.
Please note that all printed promotional material must include the manufacturer's CNPJ (Brazilian corporate tax ID) or CPF (Brazilian individual tax ID), the contractor's identification, and the distribution status.
Election propaganda on radio and television.
PERMITTED
- Testimonials from candidates in proportional elections during the advertising time allotted to majoritarian candidates, and vice versa, limited to 25% of the electoral advertising time, provided that it is for the purpose of requesting votes for the candidate who ceded the time;
- To mention the name and number of any candidate from the political party or coalition;
- Only candidates and their supporters may appear in campaign advertisements, along with slogans displaying proposals, photos, jingles, music videos or short clips, even briefly, indicating the candidate's or party's number.
NOT ALLOWED
- Paid advertising;
- Starting August 31st, presentations or comments from pre-candidates;
- Transmission of images of the conduct of electoral research or popular consultations in which it is possible to discern the interviewee or there is manipulation of data;
- To give preferential treatment to candidates, political parties or alliances;
- Inclusion of campaign advertising for a candidate with a majoritarian position during the airtime allocated to candidates with proportional representation positions, and vice versa;
- Cinematic election propaganda (montages, trickery, computer graphics, cartoons and special effects or other audio and video resources).
Election propaganda on election day
PERMITTED
- Individual and silent expression of the voter, exclusively through flags, badges, slogans and stickers;
- Keeping campaign material that was published online before election day, as well as stickers and similar items affixed to cars and windows.
NOT ALLOWED
- A gathering of people wearing standardized clothing, flags, badges, slogans, and stickers (collective demonstration) until the voting is concluded;
- Use of loudspeakers, sound amplifiers, rallies, motorcades, and any vehicle with jingles;
- Voter recruitment, electioneering at polling places, and "scattering of campaign leaflets" near voting locations;
- Dissemination of any kind of propaganda for political parties or their candidates;
- Publishing new content or boosting existing content on the internet.
In conclusion, electioneering attracts and wins voters' votes. However, the rules of the Electoral Court must always be respected.
Therefore, we hope that this material will make life easier for legal professionals and prevent the invalidation of electoral candidacies.
