What every presidential contender should know about the 2018 elections!

All election campaign demand too much organization, planning, time and money. Prospective candidates will be on contract for an elective mandate or his continuity, to register their applications with the Electoral Court assume numerous responsibilities that are specific to the election procedure, be they legal or accounting policies.

The Electoral Court, as is known to all, has acted firmly against illicit mainly related to election advertisements elections prohibited by law, against campaign irregularities and abuse on the part of the candidates, often with tiny deadline for demonstration and defending the candidate. Fact is, candidates end up having to move away from Office for irregularities in the elections.

Obey the law, as well as the guidelines of the Supreme Electoral Tribunal, in addition to being an obligation of all candidates, is fundamental to the success of your campaign before during and after the elections.

During and or after a campaign can be situations where a candidate has to face lawsuits or even procedures for determination of irregularities, so it's worth listing the main:

Challenge action of ticket-AIRC: possibly is one of the actions that more will occur in these elections, since many "candidates" who initially did not have a condition of eligibility, fitting these to defend themselves or even appeal to have your appeal to have your registration approved.

Judicial Electoral Investigation Action-AIJE: this is an action that requires a lot of work, as a rule, lasting several years, which has as its object the abuse of economic power, political and the misuse of media, and, therefore, its consequences are grave:

fine, ineligibility, and forfeiture of the diploma, there are audiences and production of evidence. Is action takes place during the campaign.

Defence in investigation of irregularities: no doubt it is recurring situation during the election campaign, with a large number of cases, once search ascertain and punish any violations to electoral rules. Occurs during the campaign and is a defense for simple infractions.

· Appeal against Shipment of Diploma (RCED) and the Challenge of Elective Mandate (AIME) that occur after the election. Important to note that legal counsel may enter the accountability as campaign spending,
however all the expenses arising from lawsuits or defenses listed above are extra expense and arcades by the candidate in particular, not part of electoral accountability.

The company has charged increasingly an honest campaign, so it is essential to find a lawyer for inquiries, receive guidance as to what is allowed and what sealed during theelectoral campaign.

Questions and suggestions:


Dra. Gracielle Colen

Advogada, Pós Graduada em Direito Civil Aplicado e Membro da Comissão de Sucessões da OAB/MG

Questions and suggestions: juridico@clamadvogados.adv.br

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