| dc.description.abstract | The present work presents research on judgments handed down by the Federal Supreme
Court and the Superior Electoral Court, related to freedom of expression and
electoral period. It is interesting to say that the electoral period is very important for
the preservation and improvement of democracy. This moment in the country's political
life needs to understand the necessary regulation regarding the financing and
electoral propaganda system, as well as the content and interregnum that electoral
campaigns can be carried out. Therefore, this work sought to answer the following
question: what are the jurisprudential specifics of the legal-constitutional regime of
freedom of expression in electoral periods from the understanding of the Federal Supreme
Court and the Superior Electoral Court? In this way, this research was guided
by bibliographic reviews and research on the websites of the respective courts, having
as a temporal cut the promulgation of the Constitution of the Federative Republic
of Brazil of 1988. And as a material cut the use of decisions handed down by the
Courts, in their complete formation, that is, the decisions of the Plenary. Search terms
and indexers established in the research sites that were correlated to the theme
“freedom of expression” were used, such as “thought, “religious, humor, “satire”
and “hate”. During the research, there was the observation of a new search
term/indexer, namely “magic” for the formation of what will be analyzed as “magic
words” when judged in extemporaneous electoral propaganda. As a result, it
was found that the appointed courts have a greater regulatory performance when faced
with freedom of expression and everything that surrounds this matter in an electoral
period, especially with positions that show greater caution regarding the limits of
action of candidates and pre-candidates, political parties, coalitions, militancy and
party federations. In addition, the issue of campaign financing in Brazil was addressed
as a point of freedom of expression for those who can make donations to specific
candidates and parties, as a way to demonstrate an opinion that deserves to be victorious
in the elections, and thus demonstrate that they are contributing legally. for a
better propagation of government ideas and platforms. With the aim of presenting
another way of financing electoral campaigns, and not intending to make comparisons,
it was briefly stated how the United States of America carries out this fundamental
question for freedom of expression and opinion on political platforms and of
government. In the end, this work demonstrates that there are clear legal and jurisprudential
guidelines for the Brazilian electoral period to be equitable and within an
appropriate regulation forecast for this unique moment in democracy. | eng |
