Propaganda eleitoral gratuita: a divisão do tempo de rádio e televisão em dissonância com o princípio da isonomia

Abstract

The 1988 Constitution of the Federative Republic of Brazil (CRFB/88) enshrined a number of rights as fundamental, including equality. As can be seen from the caput of art. 5th equality is a symbol of our society. In the electoral process, given the Constitution's determination, equality is of paramount importance, not far from that the Electoral Justice seeks to guarantee the greatest possible equality between voters and candidates, so that at the end of the elections we have a fair and legal result . However, even in the face of this concern to guarantee equality during the election, the principle of equality is not respected, when the subject is radio and television time in free electoral propaganda. In this perspective, even considering that the role of the social network is increasingly important in the electoral dispute, to the detriment of radio and television, it is not possible to ignore the lack of equality in the division of time for each candidate. In this way, the present research aims to carry out a critical analysis on the criteria of the division of time in the free electoral propaganda brought by Law nº 9.504/97. For this purpose, the dialectical method was used for the development of the research, starting with the analysis of legal diplomas and doctrinal thoughts on the subject.