Decision Confirmed at the Superior Electoral Court
The minister André Mendonça, of the Superior Electoral Court (TSE), upheld the orders that determined the removal of content that falsely attributed to Senator Flávio Bolsonaro (PL) a plan to strip Our Lady of Aparecida of the title of national patron saint.
Mendonça was the first to register his vote in the court's electronic system even before the start of the session, scheduled for 10 a.m. The judgment runs until 11:59 p.m.
Explanation of the Vote
In the opinion, the magistrate highlighted that the measures were taken exceptionally and do not constitute prior censorship. He clarified that:
- The publications contained allegations subject to verification and considered false in an initial analysis.
- The mass removal was based on electoral norms and precedents from the Federal Supreme Court (STF).
- Digital platforms have expanded responsibility under the Internet Civil Framework.
Mendonça emphasized that expressions of faith, criticism of the patron saint status, and debates on religion remain permitted. The restriction only affects the unproven linking to the candidate or his family.
Proceedings between TSE and STF
The controversy involved back and forth between the courts. On Monday (28), Minister Luiz Fux, of the STF, suspended the injunction by Minister Flávio Dino that had overturned Mendonça's initial order. Dino argued that the posts did not mention Flávio by name and defended freedom of expression.
Fux referred the matter to the STF's collegiate analysis, considering the repercussions on Electoral Justice and the presidential campaign. The president of the Supreme Court, Edson Fachin, is considering waiting for the TSE's result before scheduling the matter.
A collective decision by the TSE may prevail over individual injunctions in the STF.