Propaganda and party legitimacy of prosecutors for representation - 1

" Propaganda and party legitimacy of prosecutors for representation - 1
The prosecutor is entitled to represent against irregular party advertisements .
Based on this understanding , the Plenary , by majority , upheld part request direct action of unconstitutionality filed against the expression " that can only be offered by a political party ," in art . 45 , § 3 , of Law 9.096/95 , with the wording provided by Law 412.034/2009 ( " The representation , which can only be offered by a political party , will be tried by the Superior Electoral Court in the case of program or block inserts national and the Regional Electoral Courts when dealing with programs or block inserts transmitted in the correspondents " ) for interpretation according to the Constitution to ensure the performance of the prosecution. I explained that the representation of this article versaria just about uneven party propaganda . Explained that the advertisement , the Electoral Law , would consist of : a) intra-party or pre -election , which would aim at promoting the alleged candidate before the other party affiliated with the guild b ) election strict sense , it would have the aim to capture vote to the electorate , c ) institutional , who possess educational content , informational or social orientation , promoted by public agencies , pursuant to art . 37 , § 1 , of the Constitution , and d ) party . He added that the party propaganda , aim of this discussion also ADI would be one organized by political parties , in their desire to spread their ideas and proposals , which would serve to co-opt members to the associations and to entrench their platforms and opinions in community awareness .
Derive the so-called right antenna , guaranteed to political parties by art . 17 , § 3 , of the
Constitution .
ADI 4617/DF , rel . Min Luiz Fux , 19/06/2013 . (ADI-4617)
(Informative 711 , Plenum ) "