The Brazilian Superior Electoral Court (TSE) revoked changes introduced to a resolution on election polls. The changes had been criticized by research institutes and associations which believed they could be interpreted as restrictions to the press.
During an administrative session of the court, TSE's president, justice Luiz Fux, stated that the change brought legal uncertainty regarding its reach, which goes against the court's purpose of creating clear transparent rules.
Our duty is to prevent legal questions and uncertainties, said Fux, when he proposed to revoke the changes to the resolution. The court unanimously approved the revocation.
The Electronic Court Gazette at the beginning of the month, published the TSE's decision to add the following paragraph to a resolution carried in December: Questions not related to election matters are forbidden in questionnaires used or to be used in public opinion polls.
The change to such resolution triggered off a reaction from research and demoscopic institutes and associations, which considered the rule highly subjective and, ultimately, likely to censor questions related to the election process, but not necessarily about vote intentions.
For example, voters' approval or disapproval regarding controversial matters would not be included in polls.
However with the elimination of the amendment on reporting election polls, the controversy has been buried.