Delimitação dos princípios básicos para a realização de propaganda eleitoral com vistas ao aperfeiçoamento da democracia

Abstract

Analyzes the constitutional dimension of the electoral publicity and the basic principles to be followed in its production and dissemination. Sees the advertising as a technique of persuasive communication, where the object is the promotion of products, services or ideas. For that purpose, uses arts and some sciences to achieve their goal. It can not be used without limits, as it supposes persuasion, having to respect the Constitution, the laws and, specifically, individual rights. It establishes a parallel between electoral advertising and politics party advertising. Analyzes the Constitutional fundaments of the Electoral Law, to detect conditions for electoral publicity dissemination. Verifies that the founding devices of the Electoral Law, from which this area of law should be structured, are in the Constitution. The constitutional provisions that give support to the Electoral Law are not there just to incorporate a rigid law. They present a way of being of the State, a political option that forms the State profile. Without this core in the Constitution it would not be possible to talk about democracy, about Republic, about popular sovereignty, because the one who should come to exercise the power would be able to control the mechanisms of access to power, controlling also the holders of public office and the basic functions of the State. Thus, the canvass, to be disseminated, must comply with restrictions imposed by law. This, however, must comply with constitutional rules and principles. The specification of basic principles for electoral publicity dissemination, makes it possible the unit of the electoral legal system, as it begins to show consistency between seemingly conflicting points, and also serves to condition the activity of the interpreter, when there is doubt as to what is allowed and what is prohibited in this area. There are three constitutional principles analyzed: equality, freedom and legality. Finding the balance between the principle of freedom and the principle of the equality should be the goal of society in improving our democratic practice.