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The National Elections Commission decided that the Seixal City Council would replace the poster of the Social Democratic Youth (JSD) placed in the vicinity of the Festa do Avante, in September, which criticized the fact and ended up being withdrawn by the local authority.
This is a formal complaint presented in September by the Social Democratic Youth (JSD) before the National Electoral Commission, regarding the withdrawal of a poster placed by this party structure against the celebration of the 44th Avante Party.
According to a decision to which Lusa had access, the CNE considered that, according to the “legal-constitutional framework of advertising” there is nosufficient basis for the elimination of the advertising structure in question, nor the exercise of the advertising activity may be subject to the discretion of any administrative entity, and the Municipality of Seixal must replace the JSD political advertising material referred to in this case“.
According to the document, the Seixal City Council (CDU) affirmed that the exhibition of the poster put “the security conditions of the event at risk”, claiming that the structure violated the Municipal Regulations for the Exhibition, Registration, Installation and Dissemination of Advertising and Propaganda . (RMAIIDPP), located in a “space for the emergency corridor, defined in the Prior Civil Protection Intervention Plan for the Festa do Avante and Municipal Emergency and Civil Protection Plan”.
“It seems, in the present case, that none of the arguments put forward by the autarky can be considered valid in light of the rules that regulate advertising activity, since the place where it was carried out is not prohibited by law, nor is the exercise of herself. Advertising activity may be restricted by an administrative regulation or an act of an administrative authority”, Replied the CNE.
The Commission also held that, although there were difficulties in accessing the political-partisan event as mentioned by the municipality, the removal of the legally posted advertising “is the responsibility of the entities that have installed it, competing with the municipalities, after hearing from the interested parties, to define the terms “. and conditions for the withdrawal of the advertising media used “.
Exceptionally, the CNE said, advertising media that “directly and demonstrably affect the safety of people or things, constituting an imminent danger, a situation incompatible with compliance with legal formalities, may be withdrawn, without prejudice to the interested parties being notified of righ now”.
On September 4, the first day of the 44th Avante Festival, JSD expressed its “indignation” and “misunderstanding” over the removal of the poster posted at 9 am in the vicinity of the event, which ended up being removed at 3 pm .
At that time, in statements to the Lusa agency, the newly elected president of JSD, Alexandre Poço, confessed that he did not understand the reasons for the withdrawal of the cartel and criticized the “notion of democracy of those who took this action.”
The poster in question could say “So only the covid will take Avante”, alluding to the communist political-cultural party that this year was involved in controversy over the covid-19 pandemic.
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