PROPRIEDADE INTELECTUAL E CAMPANHAS ELEITORAIS: A JUSTIÇA ELEITORAL NA REGULAÇÃO DESSA RELAÇÃO

The aim of this article is to discuss the need for regulation of the relationship between intellectual property and its use in electoral campaigns, by the Superior Electoral Court. The starting point was the conception of the evolution of technological means used in electoral elections and how forms of communication changed along with society. Furthermore, analyze the legislation and resolutions relevant to the case to assess their application and effectiveness with regard to the problem. Therefore, the present work aims to analyze electoral campaigns based on intellectual property, in order to study the legal provisions that regulate this relationship and their practical effectiveness, mainly in the context of the internet. Even so, analyze the inclusion of intellectual property in the resolutions that establish the rules for the 2024 electoral election, so that the importance of this regulation is considered. It was concluded that there is a lack of a firmer position from the TSE on this issue in the updated resolutions for electoral claims, so that the processes involving the issue are more objective and are required to be clearer regarding the issue. In this sense, a broad analysis was carried out, through document-bibliographical research, of the entire context involved in materials that deal with the theme and its applicability in the Brazilian reality.