CAMPAIGN FLAGS, VISUAL POLLUTION, AND THE APPROPRIATION OF URBAN SPACE: LIMITS ON CAMPAIGNING IN THE STREETS AND SQUARES OF CEARÁ IN THE 2026 ELECTIONS

Abstract

This article critically examines the massive use of electoral flags on public roads, roundabouts, medians, intersections, avenues and areas near public squares, with special attention to the State of Ceará during Brazil's 2026 elections. It asks whether the repeated occupation of the urban landscape by hundreds of flags bearing candidates' names, images, colors and ballot numbers remains genuinely informative or becomes visual saturation. Using qualitative, bibliographical and documentary methods, the study connects Electoral Law, Environmental Law, Urban Law and constitutional principles. It discusses Article 37 of Law No. 9,504/1997, Article 243(VIII) of the Electoral Code, TSE Resolution No. 23,610/2019 as amended for 2026, Ceará Electoral Court regulations and guidance from the Electoral Public Prosecutor's Office. The article argues that the abstract legality of movable flags does not eliminate their possible effects on urban aesthetics, mobility, accessibility, road safety and collective enjoyment of public space. It proposes a proportionality-based interpretation focused on the communicative function of electoral advertising and the protection of the artificial environment, as well as regulatory improvements concerning concentration, density and location of electoral flags.