Without naming names, Minister Alexandre de Moraes of the Federal Supreme Court (STF) criticized the decision of Minister Nunez Marquez, which reversed the impeachment of state deputy Fernando Franciscocinini (Unio Brasil-PR). The judge stated that the obstacle “will soon be overcome” and that “ostrich judiciary politics” could not be pursued.
“Regardless of the obstacle that will soon be overcome, very soon this is what will be applied in this year’s elections in the Supreme Electoral Court. For the platform’s election purposes, all media networks will be considered a means of communication for the purpose of abusing economic power and abusing political power,” Moraes said.
The statement was made this Friday (3/6) during participation in the VIII Congress of the Electoral Rights of Brazil, organized by the Institute of Electoral Rights of Paraná (Ipradé). “Whoever abuses through these platforms, their responsibility will be analyzed by the Electoral Court in the same way as the abuse of political power, economic power by traditional media,” he said.
“We cannot make an ostrich judicial policy, pretend that nothing is happening,” he stressed.
In October, a plenum of the Supreme Electoral Court (TSE) voted six to one to suspend a politician for spreading fake news. According to Nunez Marquez, the Court cannot act retroactively and therefore should not impose a penalty on anything related to 2018.
The Electoral Justice has revoked the Bolsonarist mandate for spreading false news. This was the first disqualification for this reason, which sets a precedent for other cases. In 2018, Francischini broadcast live on social media on Election Day alleging voter fraud. The Court considered that the dissemination of disinformation could constitute misuse of the media and an abuse of political power.
Last Wednesday, Minister Alexandre de Moraes mentioned the Francischini case during the closing of an event for diplomats in the TSE Hall. He said Bolsonaro’s conviction and impeachment was a “leading case” and that it would serve as an example for the court in its fake news cases this year.