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法院辩论前连下两裁决,环球电视台取消巴西总统辩论

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Globo cancels Brazil presidential debate after court rulings

巴西环球电视台在原定周四(1日)总统辩论开始前不到一小时宣布取消,因联邦最高法院与最高选举法院接连裁决改变既定规则,卢拉与弗拉维奥·博索纳罗均已退出,首轮最后一场辩论落空。

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STF与TSE在辩论前一刻接连裁决改变规则,首轮最后一场总统辩论取消,选举辩论规则一致性受质疑。

巴西环球电视台(TV Globo)周四(1日)在原定总统辩论开始前不到一小时宣布取消该场辩论。此前,巴西联邦最高法院(STF)法官吉尔马·门德斯(Gilmar Mendes)裁定将Mission党候选人雷南·桑托斯(Renan Santos)纳入名单,巴西最高选举法院(TSE)法官埃斯特拉·阿拉尼亚(Estela Aranha)则禁止展示卢拉的空讲台并限制其他候选人向其提问。两份裁决在辩论前一刻接连送达,环球电视台称其构成对新闻机构组织选举辩论自由的不当干预。

环球电视台原定于周四(1日)举行首轮最后一场总统辩论。辩论开始前不到一小时,该台宣布取消。直接原因是两份在活动前不久送达的法院裁决改变了与候选人竞选团队事先商定的规则。一份来自STF法官吉尔马·门德斯,他命令将雷南·桑托斯(Mission党)纳入参与者名单——桑托斯此前未被安排参加。门德斯引用环球电视台官方辩论规则中赋予电视台在候选人退出时邀请民调表现良好者的"唯一酌情权",指出桑托斯在Quaest民调中获3%支持,高于原定参加的罗梅乌·泽马(Romeu Zema,新党)的1%。该裁决系应Solidarity党请求作出。另一份来自TSE法官埃斯特拉·阿拉尼亚,她批准卢拉竞选团队的请求,禁止电视台展示卢拉的空讲台,并裁定其他候选人不得向这位拒绝出席的劳工党(PT)候选人提问。卢拉于周三(30日)表示不会参加辩论。在桑托斯被加入名单的裁决作出后,自由党(PL)候选人弗拉维奥·博索纳罗(Flávio Bolsonaro)也宣布退出。两人在民调中领先。环球电视台在主播塞萨尔·特拉利(César Tralli)宣读的声明中表示,所有政党(包括PT)签署的规则规定缺席者讲台保留在现场并带标牌,且在场候选人可在自由话题环节用30秒说明将对缺席者做什么。该台称连续在辩论前一刻发布的法院裁决造成法律不确定性,构成对新闻机构组织选举辩论自由的不当干预。巴西广播电视协会(Abert)、全国报纸协会(ANJ)和全国杂志出版商协会(Aner)发表联合声明声援环球电视台,称对司法干预既定规则导致首轮最后一场总统辩论被取消深感愤怒。巴西选举法要求广播电视公司邀请拥有至少五名国会议员(联邦众议员和参议员合计)的政党、联合会或联盟的候选人;Mission党仅有一名联邦众议员,即圣保罗的Kim Kataguiri。泽马的新党同样不符合该要求,但其竞选团队获得了STF法官卡西奥·努内斯·马克斯(Kassio Nunes Marques)的有利裁决。在近日裁决之前,按选举规则最初安排参加的候选人为卢拉、弗拉维奥·博索纳罗、罗纳尔多·卡亚多(Ronaldo Caiado,社会民主党PSD)和奥古斯托·库里(Augusto Cury,Avante党)。辩论原定举行时,卢拉出现在一个播客节目中,弗拉维奥·博索纳罗则主持了一场直播。在Flow Podcast上,卢拉质疑辩论形式,称"人们开始胡闹"。

原文未涉及中资企业直接影响。就传导机制而言,巴西选举周期中的司法与规则不确定性可能影响市场对政策连续性的预期,进而波及汇率与资产价格,但这一链条需视后续事态发展验证,不宜过度外推。

CBI解读:原文显示,两份裁决分别来自STF和TSE,且均在辩论前一刻送达,环球电视台据此认定规则被单方面改变。CBI认为,此事的核心争议不在于某位候选人是否应参加,而在于司法机关在活动开始前临时修改已由各方签署确认的规则,这一做法对媒体组织选举辩论的自主空间构成实质压缩。Abert、ANJ、Aner三大行业组织的联合声援表明,巴西新闻界将此视为先例性事件。从制度层面看,选举法对政党议员人数的门槛要求与STF法官基于民调表现的个人裁量之间出现张力,Mission党仅一名众议员却获准参加,而新党同样不满足门槛却通过另一法官裁决入场,规则适用的一致性存疑。

待观察:一是环球电视台是否就裁决提起上诉或申请复议,以及STF/TSE是否发布统一指引;二是首轮投票前是否还有安排其他辩论,各候选人是否调整出席策略;三是巴西选举法相关条款是否在选后进入修订议程。

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查看原文(英语)

Globo cancels Brazil presidential debate after court rulings

TV Globo canceled a presidential debate scheduled for Thursday (1) after two court rulings changed rules previously agreed upon with the candidates’ campaigns, creating legal uncertainty and what the broadcaster called “undue interference with the freedom of news organizations to organize election debates.” The debate was canceled less than an hour before it was due to begin. One ruling on the event’s format came from Federal Supreme Court (STF) Justice Gilmar Mendes, who ordered that Renan Santos (Mission) be included among the participants. However, he had not previously been scheduled to take part. TSE Justice Estela Aranha, meanwhile, barred the broadcaster from showing an empty podium for President Luiz Inácio Lula da Silva and ruled that the other candidates could not direct questions to the Workers’ Party (PT) candidate, who had said he would not attend. Her ruling came in response to a request from Lula’s campaign. Brazil heads to polls in tightest presidential race on record The final 72 hours of the electoral war Brazil election court narrows social media removal orders Lula said Wednesday (30) that he would not participate in the debate. After the ruling adding Renan Santos to the lineup, Liberal Party (PL) presidential candidate Flávio Bolsonaro also withdrew. The two are leading the polls. “Globo has a long tradition of organizing election debates. Our goal is to promote a discussion of ideas for Brazil and allow voters to compare the candidates’ platforms,” the broadcaster said in a statement. “Our duty is to promote democracy, but the successive court rulings issued moments before the debate created legal uncertainty and represent undue interference with the freedom news organizations have to organize election debates. For this reason, Globo decided to cancel the debate,” it said. The broadcaster cited the two notices from the judges, which reached Globo shortly before the event. The Brazilian Association of Radio and Television Broadcasters (Abert), the National Association of Newspapers (ANJ) and the National Association of Magazine Publishers (Aner) issued a joint statement expressing solidarity with Globo. The organizations said they were “deeply outraged by the judicial intervention in the rules previously established, which led to the cancellation of the final presidential debate of the first round.” In his ruling, Gilmar Mendes said Renan Santos could fill the slot left open by Lula’s withdrawal. The justice cited Globo’s official debate rules, which gave the broadcaster “sole discretion” to invite a candidate who was performing well in the Quaest poll if another candidate withdrew. Mendes ruled that Santos met that requirement after registering 3% of voter support in the poll commissioned by Globo, noting that the figure was higher than the 1% recorded by Romeu Zema (New Party), who had been scheduled to participate. The STF justice acted on a request from the Solidarity party. Brazil’s electoral law requires radio and television broadcasters to invite candidates from parties, federations, or coalitions that have at least five members of Congress, combining federal deputies and senators. Mission has only one federal deputy, Kim Kataguiri of São Paulo. Zema’s New Party also does not meet the requirement, but his campaign obtained a favorable ruling from STF Justice Kassio Nunes Marques allowing him to participate. Before the rulings issued in recent days, the candidates initially scheduled to participate under the electoral rules were Lula, Flávio Bolsonaro, Ronaldo Caiado (Social Democratic Party, PSD) and Augusto Cury (Avante). In a separate ruling, TSE Justice Estela Aranha changed the rules governing the debate. She granted a request from Lula’s campaign challenging a provision that would have required the candidate’s empty seat to remain onstage with his name displayed and allowed the other candidates to address questions to him. Aranha ruled that the broadcaster’s rules could create an imbalance in the debate by providing “an independent space for references to an absent candidate without observing the dialectical dynamic that characterizes the institution of an electoral debate.” In a statement read by anchor César Tralli on Jornal Nacional, Globo said the empty-podium rule had been agreed upon with the campaigns. “The rules, signed by all the parties, including the PT, stipulate that if a candidate is absent, the podium reserved for that candidate will remain empty on the set, with a sign identifying the candidate. They also provide that, during one of the debate’s free-topic rounds, candidates who are present and wish to do so may say, in 30 seconds, what they would do to the candidate who did not attend,” the broadcaster said. What the candidates said At the time the debate was scheduled to take place, Lula appeared on a podcast while Flávio Bolsonaro hosted a livestream. On Flow Podcast, Lula questioned the format of the debates, saying that “people start fooling around.” “I think these debates are pointless. They don’t go anywhere, and then people start fooling around—what’s the joke, what’s the trick? When you’re running for president, it’s a serious thing. You’re discussing the country, not competing over who can score the biggest viral moment. I don’t like this kind of debate,” Lula said. Lula also questioned the participation of candidates with much lower levels of voter support in the same event. “You can’t put someone who has 49% up against someone who has 1%,” he said. In his livestream, Flávio Bolsonaro called Lula a “coward” and a “quitter” and accused him of coordinating with members of the judiciary to “censor” the debate. “He ran away from the debate. Coward. I invited Lula to the debate more than twice. I want to debate you, Lula. And not only did you not show up. You ran away from the debate; you also used your friends in the judiciary to impose censorship on this debate,” he said. “Why were the justices who issued these rulings so afraid of leaving a podium labeled ‘Lula’ empty at the debate, as the rules required? What were they afraid of?” he said. At Globo’s studio, Ronaldo Caiado, Augusto Cury, and Romeu Zema criticized the judiciary and Lula over the debate’s cancellation. At the same time, they refrained from criticizing Flávio Bolsonaro. Zema criticized the court rulings, saying they had created legal uncertainty. “Just minutes before the debate was supposed to start, a court ruling that, in my view, made no sense changed everything. Another candidate withdrew [Flávio], and we’re seeing the courts working in Lula’s favor,” the New Party candidate said. Caiado similarly called the episode an “attack on democracy.” He also said he saw an alliance between the judiciary and the president aimed at disrupting the electoral process. “The decisions by the TSE and the Supreme Court have reached a point that amounts to a dictatorship of the robes, where they apparently want to get together among themselves and decide who should be president of the Republic,” Caiado said. Cury also criticized Lula, saying the president “loves power” more than he cares about Brazilian society. He focused, however, on the STF, which he said was creating legal uncertainty in the country. “The STF has assumed a completely disproportionate role, and unfortunately this situation is bordering on a collapse of democracy,” he said. Renan Santos (Mission) called the cancellation “chaos” and questioned Globo’s decision. He also said voters would be the ones to lose out because they would not hear any of the candidates’ proposals. “You, Brazilian voters, will have no debate at all. Lula and Flávio Bolsonaro have once again run away, and because they ran away, there will be no debate. You will not know the proposals of most of the candidates in this election,” he said.

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