Ministers clash over pre-campaign restrictions, turning law enforcement into a 'free-for-all' at Planalto

Brazilian government ministries are experiencing internal friction over the application of electoral law in the three months leading up to October's elections. A divergence of opinions between the Attorney General's Office (AGU) and the Secretariat of Social Communication (Secom) has created uncertainty regarding what content is permissible for pre-candidates and the government itself on social media.

Fearing penalties, ministers have been cautious, removing numerous posts since the "electoral closed season" began on Saturday. Some internal discussions reportedly included extreme suggestions, like replacing "federal government" with "Executive Branch" in official publications, though this was not adopted. The "Governo do Brasil – do lado do povo brasileiro" slogan has been removed, and government communications now feature the Brazilian flag alongside ministry names.

Behind closed doors, however, aides to President Luiz Inácio Lula da Silva perceive a disconnect between the AGU's and the Civil Affairs' Legal Affairs Secretariat's (SAJ) guidance, creating a chaotic situation. Some ministers are so concerned about potential violations that they are avoiding interviews altogether. Penalties for non-compliance range from fines to the cancellation of a candidacy's registration or diploma.

The government's anxiety is heightened by the fact that the Superior Electoral Court (TSE) is headed by Kassio Nunes Marques and his vice, André Mendonça, both appointed by former President Jair Bolsonaro. The AGU reports holding 40 meetings with government officials to clarify rules and has produced a guide on "Prohibited Conduct by Federal Public Agents in the 2026 Elections." Despite assurances from AGU Minister Jorge Messias that there is no divergence between his office and the Civil Affairs, internal sources suggest Secom's delayed discussions on restrictions have left ministers confused about electoral propaganda versus public utility content. A task force is now reviewing publications.

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There is no divergence between the Attorney General's Office and the Civil Affairs. We have a joint group that works in harmony, and this has been the case for a long time.