Minister André Mendonça of Brazil's top electoral court, the TSE, ordered on Tuesday (September 1) the suspension of a campaign ad for Luiz Inácio Lula da Silva (PT), a candidate for president, that used the jingle "Rap do Silva". The spot did not mention the name of his running mate, Geraldo Alckmin (PSB). According to CNN Brasil, the ruling is an injunction and will go before the court's full bench in a virtual session.

The order partially grants a complaint filed by Flávio Bolsonaro (PL), another presidential contender. The complaint was filed on August 28, the same day the ad aired in the first block of Brazil's free electoral airtime, the daily TV and radio slots the law reserves for candidates during campaigns. According to Flávio Bolsonaro's campaign, the spot was devoted entirely to Lula's life story, with an adaptation of the "Rap do Silva" jingle, and made no reference to Alckmin.

The rule cited by Mendonça appears in Article 36 of Brazil's electoral law and in a 2019 TSE resolution. Campaign material for majority races, such as the presidency, must also display the running mate's name, in lettering at least 30% the size of the head of the ticket's name. Mendonça noted that the court's case law treats the requirement as objective: the running mate must be identified whenever the head of the ticket's name is publicized.

Scope of the ruling

The order covers only the contested spot. Mendonça denied a request from Flávio Bolsonaro to force Lula's coalition to identify Alckmin in every future ad, finding a blanket order unnecessary at this point. The piece can return to the air if it meets the legal requirements on mentioning the running mate. The case was also reported by Estadão, O Globo and UOL.

Next, the injunction goes to the TSE's full bench in a virtual session, where the ministers can uphold, modify or reverse it. The first round of the presidential election is scheduled for October 4.