Lawyers say TSE unlikely to reject Renan Santos' candidacy

Brazilian electoral lawyers consider it unlikely that the Superior Electoral Court, or TSE, will reject Renan Santos' presidential candidacy over his failure to declare official social-media profiles on time.

The dispute began after Justice Dias Toffoli suspended Santos' campaign activities on Aug. 31. Toffoli also barred him from using electronic election advertising, participating in debates and receiving Electoral Fund transfers for his ticket.

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Curable defect

The central question is whether the omission amounts to a curable formal defect or a deliberate failure intended to gain an electoral advantage or hinder oversight by electoral authorities. João Pedra, secretary-general of the OAB-DF Electoral Law Commission, described the omission as a "curable defect" and said the suspension should soon be overturned once the pages are properly added to the candidacy registration.

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Even if an omission occurred, it may have been involuntary, not deliberate and in good faith. I believe that, after the effective correction and the inclusion of these pages in the candidacy registration, this decision should soon be overturned.

"Even if an omission occurred, it may have been involuntary, not deliberate and in good faith. I believe that, after the effective correction and the inclusion of these pages in the candidacy registration, this decision should soon be overturned," Pedra said.

Pedra warned that rejecting the registration would create a "dangerous precedent" because it would affect Santos' right to stand for election. Lawyer Juarez da Silva said the TSE has the legal power to reject the registration, but emphasized that such an outcome would not automatically follow from the omission.

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Dangerous precedent