In a recent decision¹, the Superior Electoral Court confirmed its understanding that copyright infringement results in electoral ineligibility.
In this case, a candidate for councilman of the city of Jaú, São Paulo, in 2016, had his candidacy rejected due to a conviction for crime against intellectual property, on the grounds that such conduct constituted a crime against private property. In the appeal to the Superior Electoral Court, the candidate argued that he should remain eligible because copyright infringement would not constitute a crime against private property.
The Superior Electoral Court affirmed the candidate’s ineligibility, holding that private property covers material and intangible assets, including intellectual property with economic value, such as copyrights.
Electoral Special Appeal No. 137-96.2016.6.26.0063