Tribunal Superior Eleitoral (TSE) ministro Nunes Marques issued a decision on Tuesday, September 29, 2026, ordering the inclusion of the Novo party among the political groups meeting parliamentary representation requirements to guarantee its candidates a spot in upcoming electoral debates. The ruling responds directly to a petition filed by the National Directorate of Novo, which flagged that its candidates—Romeu Zema for the Presidency, Kiko Caputo for the Government of the Federal District, and André Marinho for the Government of Rio de Janeiro—had been left off debate invitation lists. The decision requires immediate communication with the television networks responsible for broadcasting the events, including a scheduled TV Globo debate for Federal District and Rio de Janeiro candidates on Tuesday, September 29, and a presidential debate scheduled for Thursday, October 1.
Legal Framework and the July 20th Milestone
Article 46 of Law No. 9.504/1997 guarantees debate participation to candidates from political parties with a minimum of five lawmakers in the National Congress. According to documentation presented to the TSE and highlighted by Minister Nunes Marques, exactly five federal deputies were affiliated with the Novo party by the crucial reference date of July 20, 2026.
The core controversy centered on how the electoral court calculated party representation. While a TSE resolution accounts for the composition resulting from the last general election with updates up to July 20 of an election year, it omitted explicit rules regarding post-election party switching. Minister Nunes Marques ruled that applying a restrictive interpretation—which counts only the exact banner under which a lawmaker was originally elected—imposes limits on debates that the Constitution intended strictly for other administrative purposes, such as public funding or television airtime distribution.
Did You Know? Article 46 of Law No. 9.504/1997 sets the baseline parliamentary representation requirement at five lawmakers, establishing the threshold that determined whether the Novo party qualified for debate access ahead of the 2026 election cycle.
Balancing Public Pluralism and Debate Rules
In his decision, Minister Nunes Marques emphasized that the inclusion of Novo candidates does not displace any candidate already protected by existing norms, nor does it disrupt network autonomy regarding logistical organization. “The inclusion pretendida não afasta candidato já contemplado pela norma nem impede que as emissoras organizem os debates segundo os critérios legais e regulamentares aplicáveis,” the minister noted, stressing that the measure simply safeguards a party that met the threshold of five affiliated lawmakers by the mandated timeline.
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By invoking Supreme Court jurisprudence that separates the legal framework governing debates from free electoral propaganda, the ruling leans toward broader political pluralism.
TSE ruling grants debate access to Romeu Zema and other Novo candidates
Which candidates benefit from the TSE decision?
The ruling ensures debate access for Romeu Zema (running for President), Kiko Caputo (running for Governor of the Federal District), and André Marinho (running for Governor of Rio de Janeiro).
What legal basis did the Novo party use to request inclusion?
The National Directorate of Novo argued that the party met the requirement under Article 46 of Law No. 9.504/1997 by having five federal deputies affiliated with the party by July 20, 2026.
When are the upcoming debates affected by this ruling?
The TV Globo debate featuring candidates from the Federal District and Rio de Janeiro is scheduled for Tuesday, September 29, 2026, while the presidential debate is set for Thursday, October 1, 2026.