Fux annuls effects of individual decision
The minister Luiz Fux, of the Federal Supreme Court, suspended the effects of an injunction issued by Flávio Dino that had invalidated orders from the Superior Electoral Court (TSE). With this, determinations that required the removal of posts associating Senator Flávio Bolsonaro and his family with supposed criticisms against Our Lady of Aparecida come back into effect.
Fux's measure remains valid until the STF plenary analyzes the matter.
Restoration of previous orders
The platforms X, Meta, ByteDance and Google received orders to restore, within 24 hours, compliance with the resolutions issued on September 25 by minister André Mendonça, of the TSE. They must inform the measures both to Fux and to the TSE itself.
Fux highlighted that criticisms, opinions and satires remain permitted, as long as they do not present as fact the narrative that the Bolsonaro family would have attacked the Patroness of Brazil.
Institutional issue in focus
In the decision, Fux emphasized that the Constitution assigns to the TSE the final competence in electoral matters. He also noted that the petition by the comedian Antonio Tabet, which originated Dino's injunction, should have been treated as a new complaint and distributed normally.
The president of the TSE, Kassio Nunes Marques, had already warned the STF about the risk of “institutional capture”, requesting filters for petitions that seek to annul electoral decisions indirectly.
Impact on the Civil Framework
Flávio Bolsonaro's appeal is being processed within the case that discusses the Internet Civil Framework at the STF. The senator's defense argues that Dino's individual decision interfered in the issue of platform responsibility that is being defined in a collegiate manner.
The case will still be submitted to the Supreme Court plenary for definitive definition.