A autorização dos impulsionadores de conteúdo como propaganda eleitoral: uma violação ao princípio da igualdade de oportunidades nas campanhas eleitorais

Abstract

The Law 13.488 of 2017, updating the Elections Law (Law nº. 9.504 / 1997) for the 2018 elections, allowed in article 57-C the sponsored links on the Internet, since unequivocally identified as such and contracted exclusively by parties , coalitions and candidates and their representatives, giving rise to the electoral propaganda paid - which up to the present moment was forbidden in the order - violating hermetically the principles of equal opportunities in electoral campaigns and maximum equality among the candidates in the elections. It is defended, in this work, a limitation of the aforementioned device that allows content to be pushed, since the Constitution establishes as a structuring norm of Electoral Law, equality in the elections among all participating actors. It is based on the reflection of the republican principle and the idea of equality constructed in the Federal Constitution of 1988 that impose a regulation of the electoral campaigns, reaching the control of the electoral propaganda, the neutrality of the public powers, the prohibition of the abuse of economic power and the impartiality of the media.