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For the judge, the simple mention of the intention to run does not compromise the parity of arms between the candidates, nor does it constitute an early campaign.

From the Editors

 

Tuesday, September 17, 2024

 

Updated at 12:54

 

The judge of the TRF of the 4th Region, Eliana , granted an injunction that authorized the lawyer to disclose her intention to run for the OAB/SC before the electoral campaign.

 

For the judge, mentioning the intention to run does not compromise equality between candidates, nor does it constitute an early campaign.

 

The records show that a lawyer was seeking to run for president of the OAB/SC and, therefore, requested the annulment of part of the rule that regulates the 2024 elections.

 

TRF-4 removes rule that prohibits lawyers from revealing their desire to run for OAB elections. 

According to the lawyer, provision 222/23, from the Federal Council of the OAB, brought excessive restrictions, such as the prohibition of mentioning a future candidacy or pre-candidacy and of forming pre-election committees, thus violating the constitutional principles of freedom of expression, assembly and association.

 

For the author, the restrictions limit democratic debate and favor candidates who already hold positions in the OAB.

 

In its defense, the OAB argued that the provision aimed to guarantee the fairness of the election and that there was no need for judicial intervention, also maintaining that the matter would be within the entitys internal jurisdiction.

 

The body also stated that preparatory meetings continue to be permitted, as long as they do not constitute early electoral propaganda.

 

The judge, however, understood that the prohibition on expressing an intention to run for office goes beyond the limits of the OABs regulatory power, constituting an undue restriction on freedom of expression.

 

She stressed that the simple mention of the intention to run does not compromise the parity of arms between the candidates, nor does it constitute an early campaign.

 

Allowing a lawyer who is eligible to run for management positions at the OAB to express this simple intention on her social media, in meetings or in interviews does not violate the equality of arms, as it does not trigger the electoral process untimely.

 

Furthermore, he highlighted that the mention of the possible intention of offering one's name to the election cannot constitute early candidacy, whether explicitly or implicitly, reinforcing that the lawyers freedom of expression must be preserved.

 

As a result, the judge granted a preliminary injunction so that the lawyer could disclose her intention to run for president of the OAB/SC, prohibiting the formation of pre-election committees and the explicit indication of candidacy.

 

Case :  5031615-31.2024.4.04.0000

 

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 link: https://www.migalhas.com.br/quentes/415408/advogada-pode-divulgar-intencao-de-se-eleger-na-oab-antes-de-campanha