The Tribunal Superior Eleitoral (TSE) has decided to remove posts that link Flávio Bolsonaro, a candidate, and his family to the removal of Nossa Senhora Aparecida as the patron saint of Brazil.
However, the scope of the removal is not entirely clear, and it is uncertain which content should be taken down from the internet.
The decision was made after two rulings by André Mendonça on September 25. The first ruling prohibited a post by actor and humorist Antonio Tabet that featured a photo of the saint with the phrase: “The militia family hates black women so much that they decided to attack Nossa Senhora Aparecida.” The second ruling expanded the number of posts to be removed with similar content.
Mendonça initially censored the post, citing it as disinformation, which is prohibited by electoral legislation. However, after votes from four ministers, Mendonça changed his decision, allowing the publication of Tabet’s post.
Tabet had appealed to the Supremo Tribunal Federal (STF) after the post was removed. On September 27, Flávio Dino overturned the TSE’s decision, allowing platforms to reinstate posts about the saint.
On September 28, Luiz Fux of the STF suspended Flávio Dino’s decision, reinstating the censorship imposed by André Mendonça. The case was then brought to the TSE’s plenary on September 30.
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The majority of ministers followed Mendonça’s vote, with Dias Toffoli and Nunes Marques fully supporting him. Cueva, Sebastião Reis Júnior, and Estela Aranha partially supported him, while Floriano de Azevedo Marques diverged in part.
In his vote, Mendonça defended the removal of false information. He esclareceu que a decisão vincula um “enunciado factual específico e determinado”. Dessa forma, ela não determinou a indisponibilização de qualquer conteúdo que mencionasse Nossa Senhora Aparecida, não vedou a crítica à família Bolsonaro, nem a defesa de posições religiosas ou a manifestação de opiniões sobre a relação entre religião e política.
Mendonça also responded to criticism that he changed his position on removing online content in this case. He said that he followed the STF precedent and the TSE resolutions, which led him to determine that the posts should be removed.
Ricardo Villas Bôas Cueva presented a partially divergent vote, restricting the removal of posts to those that literally state Flávio Bolsonaro proposed, supported, or articulated the removal of Nossa Senhora Aparecida as the patron saint. He pondered that previsões and avaliações sobre possíveis iniciativas futuras não são automaticamente abrangidas pela ordem de remoção.
Floriano Azevedo Marques voted similarly, to maintain Tabet’s post and limit the removal of content to those that strictly link Flávio Bolsonaro to the end of the patron saint’s holiday.
