Propaganda and party legitimacy of prosecutors for representation - 2

"Propaganda and party legitimacy of prosecutors for representation - 2
It was emphasized that art. 45, § 1, of the Law on Political Parties vedaria, advertising
party, the participation of a party that is not affiliated with the program and responsible for disseminating propaganda of candidates for elective office. Furthermore, prevent the defense of personal interests or other parties, and the use of images or scenes incorrect or incomplete, effects or any other resources that might distort or misrepresent the facts or communication. Pointed out that these prohibitions resguardariam principles dear to the Election Law, such as equal chances between political parties, electoral morality, the defense of minorities and, ultimately, democracy.
Consigned to the Constitution assign to the parquet defense of the legal order, the democratic regime and the social interests unavailable, so even if you could not hinder the legitimacy to represent partisan propaganda against irregular. Stressed that the contested expression, which provides that representation "may only be offered by a political party," vulneraria substantially the constitutional role of the prosecution in defense of democratic institutions. Min won the Teori Zavascki, who also judged partially granted the request, but that addiction reputava of unconstitutionality be resolved with reduction of text, ie, to the exclusion of the word "only".
ADI 4617/DF, rel. Min Luiz Fux, 19/06/2013. (ADI-4617)
(Informative 711, Plenum) "