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Political parties question ban on "showmícios" in election campaigns

The Brazilian Socialist Party (PSB), the Socialist and Freedom Party (PSOL) and the Workers' Party (PT) filed a Direct Action for the Declaration of Unconstitutionality (ADI) in the Brazilian Federal Supreme Court  (STF) against a rule of electoral law that deals with the collection of resources and the prohibition of "showmícios" - a mix of political rally and concert featuring top-class singers and entertainers - by candidates for elections. The rapporteur is Justice Luiz Fux.

Article 39, paragraph 7, of Law 9,504/1997, added by Law 11.300 / 2006, prohibits "the holding of a showmício or a similar event to promote candidates" and the presentation, "paid or not", of artists to animate rallies and election meetings. The pretension of the parties is to declare the partial unconstitutionality of the device when the presentations are free, without the collection of fee, by deleting the expression "or not" of the legislative text.

Abbreviated proceeding

The rapporteur, Justice Luiz Fux, applied to ADI the "abbreviated proceeding" provided for in article 12 of Law 9.868/1999, which allows the Plenary to judge the cases directly on its merits, without prior examination of the injunction. "The subject matter covered by this direct action is of great relevance, presenting particular significance for social order and legal certainty", stated the Justice, emphasizing the desirability of a final decision.

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