The campaign of presidential candidate Flávio Bolsonaro (PL) has asked the TSE, Brazil's top electoral court, to bar President Luiz Inácio Lula da Silva (PT) and Vice President Geraldo Alckmin from using in campaign advertising any images or excerpts of the speech he gave on Tuesday (Sept 22) at the opening of the 81st UN General Assembly in New York. The filing, also submitted on behalf of Flávio's running mate Alfredo Gaspar (PL), seeks an injunction, the replacement of materials already produced and a fine of 50,000 reais per campaign piece or post in case of violation.
Flávio's lawyers accuse Lula, who is running for reelection, of "conduta vedada", banned conduct, the electoral infraction that covers the use of government acts for campaign purposes. According to the petition, signed by lawyer Maria Claudia Bucchianeri and her team, the speech was "completely distorted and stripped of its purpose, turned into a political stage for personal promotion and electoral ends".
"Lula's speech was that of a candidate. Not of a head of state. The UN, however, is not a campaign stage", the filing states.
The action lists campaign themes that, according to Flávio's legal team, made their way into the president's speech: the end of the 6x1 work shift, limits on sports betting apps, the defense of the Pix payment system, national sovereignty, rare earths and the risk of foreign interference in the elections. Lula mentioned the October 4 vote directly and said Brazilians will "decide between democracy and denialism" and choose between moving forward or returning to a "past of exclusion". The petition also says the president used the structure and visibility of an official event to promote his candidacy, including when he presented himself as a worker elected three times who fought the dictatorship and took Brazil off the Hunger Map. The lawyers argue there is a risk the excerpts will be cut into campaign clips.
The 2022 precedent
The request cites a precedent that affected Flávio's own father, former president Jair Bolsonaro (PL). In the 2022 election, the TSE barred the then president, who was running for reelection, from using images of his UN General Assembly speech in campaign ads. The injunction was granted within an electoral judicial investigation case (AIJE) numbered 0601180-27.2022.6.00.0000, as reported by Correio Braziliense. That year, Bolsonaro used the UN podium to say his government had uprooted "systemic corruption" in the country and to attack Lula and left-wing leaders, Poder360 recalls.
According to Poder360, Flávio's campaign had already gone to the TSE at least 15 other times against Lula's ticket over suspected use of the government machine for electoral purposes in 2026. The outlet contacted Lula's campaign for comment and received no reply by publication time. The court must now rule on the injunction request, 11 days before the first round on October 4.