Liminar Back-and-Forth Divides Ministers
Less than a week before the first round, the Federal Supreme Court again interfered in decisions of the Superior Electoral Court. Minister Luiz Fux suspended Flávio Dino's measure and ordered platforms to block again publications attributing to Flávio Bolsonaro (PL) the intention to remove from Our Lady of Aparecida the title of Patroness of Brazil.
Provisional Decision by Fux
Fux's order is temporary and remains in effect until the STF plenary analyzes the matter, scheduled for Wednesday (30/09). Internet companies have 24 hours to reinstate content removal and inform the courts, under a daily fine of R$ 50,000 per provider.
Fux did not rule on the merits of freedom of expression, only stayed the effects of Dino's prior decision.
Origin of the Controversy
Everything began with a 2007 bill introduced by Victório Galli and archived since 2008. The text proposed amending Law 6.802 to restrict the patroness title solely to Roman Apostolic Catholics. There is no current initiative by Flávio Bolsonaro in this regard.
The controversy gained traction after a comment by a GloboNews journalist, excerpts of which circulated out of context. The broadcaster corrected the information, but the rumor had already spread.
Previous Positions
- André Mendonça, vice-president of the TSE, ordered the removal of the posts on Friday (25/09).
- Flávio Dino, on Sunday (27/09), revoked the order and even released a post by comedian Antonio Tabet.
- Fux, on Monday (28/09), restored the TSE determination.
Reaction from Kassio and Evangelical Leaders
TSE president Kassio Nunes Marques sent an official letter to STF president Edson Fachin complaining of “undue overlapping of competence.” Evangelical pastors also issued a statement denying any attempt to cancel holidays or services of other religions.