STF prohibits blocking of party and campaign funds in the final stretch of the election

Minister Gilmar Mendes, of the Federal Supreme Court (STF), prohibited resources from the Party Fund and the Special Campaign Financing Fund from being blocked in this final stretch of the first round of the municipal election. The monocratic decision will still need to be taken to the Court’s plenary session, but it has already been sent to other Brazilian courts to guide judges and judges.

According to the minister’s order, issued on Monday (30th) and published this Tuesday (1st), the seizure of these funds compromises equality between the candidacies and, therefore, is considered unconstitutional and could harm the electoral balance.

“The use of seizure by the State judge, during campaigns, against political parties and candidacies, has great potential to compromise the duty of neutrality, violating the parity of arms and the freedom to vote”, stated the minister (see in full) .

Mendes highlighted that the lack of funds could make fundamental actions unfeasible for candidates, such as carrying out advertisements or even traveling to campaign events.

“This impossibility of attachment becomes even more relevant during campaigns, considering the need for funds to continue the candidacies”, he added.

Mendes’ decision came in response to an action by the Brazilian Socialist Party (PSB), which challenged a decision by the São Paulo Court that had allowed the blocking of 13% of funds in the middle of the electoral campaign.

Lawyer Rafael Carneiro, who represented the PSB, highlighted that the Civil Code already provides for the unseizability of party and electoral funds. According to him, Gilmar Mendes’ position goes further, as it establishes that such blocking during elections not only violates the law, but also the Constitution, by compromising parity between candidates.