3. POLITICAL ACTIVITIES

Brazilian law generally does not impose restrictions on the ability of foundations and associations to engage in legislative or political activities. These entities may freely support candidates for public office, for instance, as well as advocate for or against legislation. Any restriction on political activities would be contained in the organization's governing documents.

Only OSCIPs are explicitly restricted from certain political activities—they may not take part in political campaigns under any circumstances or support political parties or politicians in any way (Law 9.790/1999 Article 16). These restrictions cover political party activities and the nomination of candidates for parliamentary and local government elections at the county level.

Public foundations and social organizations are not expressly prohibited from engaging in political or legislative activities. However, the nature of their structure, their purposes, and the activities they undertake may implicitly keep them from engaging in political issues.

Law 13.260/2016, known as the Antiterrorism Law, broadly defines “terrorism” and a “terrorist organization,” and provides harsh penalties for terrorist offenses. Critics of the law fear that its overly broad definitions may enable the state to use the law against associations for legitimate, peaceful activities, including ones that are politically sensitive.