Broadcasters must navigate a narrow legal path when hosting pre-candidates for office, as electoral regulations prohibit programs from featuring individuals who intend to run for election. According to the Regional Electoral Court of São Paulo (TRE-SP), while interviews are permitted, they must avoid explicit requests for votes. Broadcasters are required to maintain neutrality, though they are not legally mandated to provide equal airtime to every candidate, provided they use objective criteria for selection.
Legal Boundaries for Pre-Candidates in Media
Since June 30, the Superior Electoral Court (TSE) has enforced a strict ban on radio and television programs presented or commented on by pre-candidates. This rule recently forced federal deputy Celso Russomanno (Republicanos-SP) to step away from his role on the Patrulha do Consumidor segment of the Cidade Alerta program on Record.
However, the rules for guest appearances differ from those for hosts. The TRE-SP clarified to Notícias da TV that interviews featuring political party members or pre-candidates do not constitute early electoral propaganda, provided the conversation avoids explicit appeals for electoral support. Because these appearances are classified as interviews rather than propaganda, they fall outside the standard electoral calendar restrictions.
Pro Tip: Legal experts emphasize that the “explicit request for votes” is not the only trigger for sanctions. According to election lawyer Michel Bertoni Soares, the judiciary monitors “magic expressions” such as “let’s go together” or “let’s elect,” which are legally equated to direct solicitations for votes.
The Complexity of Media Isonomy
While interviews are allowed, broadcasters face the challenge of maintaining “isonomy”—the principle of equal treatment. Although the Electoral Law mandates that stations avoid favoritism, it does not require them to grant identical airtime to every participant.
In a May 2025 ruling regarding a radio station, Judge Cotrim Guimarães noted that the law does not force broadcasters to provide equal space to all pre-candidates. Instead, stations may use objective criteria, such as polling performance, to select which candidates to feature. The core legal prohibition is against “apadrinhamento”—or acting as a sponsor for a specific candidate to ensure their electoral success.
Operational Compliance at Jovem Pan
Celso Russomanno appeared on the Jovem Pan show Isso Não É Um Talk Show on July 7. The network stated that it maintains a rigorous compliance process overseen by a specialized legal team to ensure all content adheres to electoral statutes.
Jovem Pan confirmed that the interview with the deputy focused strictly on consumer defense topics, avoiding any political-electoral merit. The company further noted it has terminated contracts with commentators and presenters who intend to run for office this year, and is currently coordinating with various campaigns to manage future interview schedules.
Did you know? Even when an interview is legally permissible, the TRE-SP maintains that any evidence of abuse or systematic favoring of a candidate can trigger investigations into the “abuse of media channels,” regardless of the specific content of a single segment.
Frequently Asked Questions
- Can a pre-candidate be interviewed on TV? Yes, but only if the interview does not include explicit requests for votes or focus on their candidacy.
- Must a station invite all candidates if they invite one? No. According to legal precedent, stations can use objective criteria, like polling numbers, to choose interviewees without violating the principle of isonomy.
- What phrases are prohibited during these interviews? Any “magic expressions” that imply a request for support, such as “count on your support” or “let’s elect,” are treated as explicit campaigning.
- Are there time limits for these interviews? Because they are classified as journalistic or entertainment interviews rather than campaign propaganda, they are not strictly bound by the electoral calendar, provided they remain neutral.
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