SPECIAL FOR THE STATE/RECIFE – André de Paula, candidate for the Senate for the PSD on the ticket of Marília Arraes (Solidariedade), was prohibited by the Regional Electoral Court of Pernambuco (TRE-PE) from claiming to be the candidate of former president Luiz Inácio Lula da Silva (PT ) to the Senate by the State as it has been broadcast in its electoral propaganda on radio and TV.
The decision, signed by the auxiliary electoral judge Rogério Fialho Moreira, responded to a lawsuit filed by Teresa Leitao (PT), a candidate officially supported by the former president. In the process, Teresa asked that De Paula no longer claim that it was the PT’s name to the State Senate and no longer use the president’s voice and image – only the first request, however, was granted.
“With regard to the danger of damage, it is evident that the perpetuation of propaganda, through the electoral guide of represented André de Paula, of advertising technique that may cause confusion in the minds of the electorate, causes an imbalance in the race for the Senate in the State of Pernambuco” , says part of the decision. In case of non-compliance, a daily fine of R$ 1 thousand per day was determined, individually, counting from the TV guide that will be broadcast on the 2nd.
Regarding Lula’s use of video and recording, TRE-PE denied Teresa Leitão’s request, understanding that the right to the image and the use of voice is very personal so that, in principle, only the former president can oppose this disclosure, if you understand that your image has been improperly published.
The electoral legislation allows the use of the image and voice of a candidate or political party activist who is part of their coalition at the national level, which does not happen with the PSD, which is not part of Lula’s coalition and only released state directories. Solidarity, in turn, is part of the Brasil da Esperança coalition and, thus, the decision could not reach the legend commanded by Marília Arraes in the state.
Sought after, André de Paula and the PSD declined to comment on the court’s decision.
Senate dispute in Pernambuco is tight
Marília Arraes leads the electoral race for the Pernambuco government, with 33% of voting intentions, according to a survey released by IPEC last Tuesday, 30th. Danilo Cabral, the PSB candidate officially supported by Lula, has 6% and occupies the fifth place. The dispute over PT’s image has already caused situations such as the expulsion of PT affiliates, boos at the ruling candidate during the former president’s passage through the state and a court decision preventing the deputy’s militancy from using symbols related to her former party.
The race for the Senate, however, is fiercer. According to Ipec, the PT state deputy has 15% compared to 13% for the PSD’s opponent. As the survey’s margin of error is three percentage points, they are technically tied for first place.