Flávio Bolsonaro asks TSE to ban Lula from using presidential palace for campaign content

Flávio Bolsonaro's campaign has formally asked Brazil's Superior Electoral Court (TSE) to prohibit President Luiz Inácio Lula da Silva from using the official presidential residence, the Alvorada Palace, for electoral campaign activities. The complaint, filed on Thursday, centers on an interview Lula granted to TV Record that was broadcast from the palace last Sunday.

This interview aired at the same time as the first presidential debate, an event from which both Lula and Flávio Bolsonaro, the senator and main political adversary, were absent. Bolsonaro's legal team is requesting that Lula be barred from recording, producing, or broadcasting any interviews, live streams, pronouncements, or other content of an electoral nature from the palace. They also want Lula to remove excerpts of the interview from his social media accounts pending a final court decision.

Furthermore, the campaign is seeking a fine against Lula's campaign, arguing that public funds were used to produce content that served electoral purposes. Flávio Bolsonaro's aides contend that Lula exploited state resources for personal political gain, exceeding the prerogatives of his office.

Brazilian electoral law generally prohibits candidates holding public office from using state property for campaign purposes to ensure fairness among contenders. While the TSE has made exceptions, allowing electoral content from official residences under strict conditions, such as a neutral environment, no public resources used, and limited participation, Bolsonaro's campaign argues that Lula's interview did not meet these criteria. They pointed to the visible "beautiful architecture, tapestry, and environment" of the Alvorada Palace in the broadcast as evidence of its non-neutral setting.

The complaint also references a 2022 TSE ruling that prohibited then-President Jair Bolsonaro from using the Alvorada Palace for his weekly live streams during the election period. The court's decision at that time explicitly forbade the use of public structures linked to the presidential function, even if the background was neutral.