TSE reinforces limits against disinformation
The Superior Electoral Court decided on Wednesday (9/30) to maintain the ban on content associating Flávio Bolsonaro with any initiative to change the title of Our Lady of Aparecida as Patroness of Brazil. The Court found no evidence that the candidate proposed or supported such a measure, making these claims untrue.
Rapporteur's reversal opens door for comedian
Minister André Mendonça changed his initial position and began defending the release of a post by comedian Antonio Tabet. The text stated that “the militia family hates black women so much that it decided to attack Our Lady of Aparecida”. Mendonça recognized ambiguity in the message and chose to preserve the publication, aligning with the view that not every political criticism should be treated as a factual lie.
Divergences among ministers
Three TSE members advocated for more flexible restrictions: Ricardo Villas Bôas Cueva, Floriano de Azevedo Marques and Estela Aranha. They distinguished between objectively false statements — directly linking Flávio to a bill — and expressions that merely voice concern about future actions. Minister Sebastião Reis followed the rapporteur on different grounds.
Back and forth at the STF
The case gained new chapters with conflicting injunctions from Flávio Dino and Luiz Fux. Dino had suspended Mendonça's initial decision, while Fux reinstated the TSE orders. Nunes Marques scheduled the virtual judgment to end the controversy. Meanwhile, Dino ordered the Federal Police to investigate recent attacks on religious images in several states.
Origin of the controversy
It all began with the circulation of a 2007 bill authored by then-deputy Victório Galli, which sought to restrict the patroness title to Catholics only. The proposal has been archived since 2008. Excerpts from a GloboNews journalist's commentary were taken out of context and used to link the initiative to Flávio Bolsonaro, who denied any involvement.
- Decision date: September 30
- Institutions involved: TSE (Superior Electoral Court), STF (Federal Supreme Court)
- Cited fine amount: R$ 50 thousand per day per platform