The former municipal secretary of Education of Japeri and pre-candidate for state representative, Caroline Ontiveros Cespedes, known as Carol Ontiveros, was convicted by the Electoral Court for irregular early electoral campaigning in this year's elections. She was fined R$ 25 — the maximum amount allowed under electoral law — after the Court determined that campaigning took place outside the permitted period, including the use of social media, slogans, and events in public schools.
The decision was made by electoral judge Maria Paula Gouvêa Galhardo, in the judgment of a representation presented by the Regional Electoral Prosecutor's Office (PRE) against the pre-candidate.
According to the judge, Carol Ontiveros promoted an early pre-campaign strategy through social media posts, a visual identity similar to that of an election campaign, and participation in public events with speeches of political support.
Electoral law allows pre-campaign activities, but prohibits explicit requests for votes and the use of electoral propaganda before August 16th of the election year.
Using slogans as a "magic word"
One of the main points analyzed by the court was the repeated use of the expression "#CHEGOUAHORA!" (The time has come!), considered by the judge as a kind of electoral "magic word".
According to the Superior Electoral Court (TSE), certain expressions can function as an indirect request for votes, even without directly mentioning phrases like "vote for me".
The decision highlighted that the slogan appeared in political videos, campaign events in different cities, hats, and visual materials linked to the pre-candidate.
According to the judge, the phrase conveyed a message typical of an early election campaign. Another basis for the conviction was the creation of a standardized visual identity.
The ruling states that the name "Carol Ontiveros" was displayed with a heart replacing the letter "o," forming a personal trademark used repeatedly in publications.
According to the judge, the material had characteristics of establishing an electoral image before the electorate before the official campaign period.
The court also found that there had been misuse of public resources for political promotion. Videos were recorded inside municipal schools in Japeri, while official city hall events were used to promote the pre-candidate.
The most cited case occurred during an event at CIEP 401 in January 2026, when political allies made speeches with direct references to Carol Ontiveros's future candidacy.
Among the phrases mentioned in the decision are:
- "Carol, my state representative";
- "We are going to elect a state representative who was born in the city."
- "Let's value our own talent."
Although the statements were made by third parties, the judge considered that the then-secretary actively participated in the event and benefited politically from the demonstrations.
The defense denied the request for votes.
In the lawsuit, the defense argued that there was no explicit request for votes and that the publications were institutional in nature, related to the accountability of the Municipal Department of Education.
She also argued that the events occurred during the regular performance of her public duties and that third parties could not automatically hold the pre-candidate liable.
The defense also stated that all posts identified by the court were removed following a preliminary injunction. However, this argument was not accepted.
Before the final conviction, the Electoral Court had already ordered the removal of 20 posts from the pre-candidate's Instagram account. The injunction also prohibited new publications with the slogan "THE TIME HAS COME!" and forbade content that appeared to be campaign material using public assets.
Maximum fine for the "entire body of work"
The Electoral Public Prosecutor's Office requested that the fine be applied individually for each irregular post, which would significantly increase the amount of the punishment.
The rapporteur rejected the request and stated that the case should be analyzed as a "context," considering the entire strategy of launching the campaign early.
Nevertheless, the judge set the penalty at the legal maximum of R$ 25, citing the seriousness of the conduct, the repetition of the publications, and the use of public resources.
The conviction can still be appealed to the Superior Electoral Court.
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