| Resumo: |
On the proceedings of the Election Appeal no. 231-44 (Itaqui, in the state of Rio Grande
do Sul), the Regional Electoral Court from Rio Grande do Sul concluded that the forbidden
conduct of clause VII of Election Law Article 73 requires, attractively, that during the year of
the election, there had been institutional advertising expenditure in excess, compared to the
last three years immediately preceding the lawsuit, and not to the semesters. By majority of
the votes, the agreement prevailed considering that, for purposes of Election Law Article 73,
VII, the average of the last three years preceding the year of the lawsuit must be considered,
since the legal instrument once mentioned does not make any mention of the semi-annual
average. Therefore, in order to tutor, on the one hand, the legal security, the equality, the
consistency and the integrity of the Law and, on the other hand, ensure the consistent interpretation
regarding to the paradigm of the Democratic Rule of Law (which does/would
not admit interpretative arbitrariness, neither the replacement of the legislation which was
democratically constructed by the discretion of the performer-applier), it runs counter what
the Superior Electoral Court (TSE) decided, in relation to the massively case in Brusque, in
the state of Santa Catarina, the Regional Electoral Court of Rio Grande do Sul, by four votes
in favor and three against, dismissed the action brought by the Public Prosecutors Office and,
sharply, dismissed the Electoral Representation which was once handled, dispelling, opportunely,
the offense of the rule once alleged, contained in clause VII of Election Law Article
73 (9.504/97).
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