The property of ministers or the presidents of the Federal Supreme Court (STF) or the Higher Electoral Court (TSE) is a common and traditionally bureaucratic act. But the inauguration of minister Alexandre de Moraes as president of the TSE was something very different. The most popular inauguration in the history of the courts was a political event that rivaled two others that really should be the biggest news of the day: the start of the electoral campaigns and the first actions of former President Luiz Inácio Lula da Silva and current representative Jair Bolsonaro as candidates.

Alexandre de Moraes, in his speech, sent clear signals to the guest of honor at the inauguration, President Jair Bolsonaro. Defending democracy, the democratic rule of law, the regularity of electoral fairness, the transparency of the electoral process, the integrity and success of electronic voting machines, the limitation of hate speech or speeches against democratic institutions, Moraes has come under all the usual criticism. addressed to the government and the President of the Republic.

By saying, for example, that freedom of speech has limits and that the constitutional order does not tolerate hate speech or threats of rupture to “establish arbitration”, Moraes contradicted Bolsonaro, who used the freedom argument several times to spread the word, ideas incompatible with the Constitution. And whoever wrote this recently was not a member of the opposition or a regular government critic, but Deputy Attorney General for Elections Paulo Gonet Branco when he was filing against Bolsonaro for telling ambassadors about electronic voting machines.

Moraes once again promised a ruthless fight against false speeches and false news. And it is already known that this action will be especially tough against speeches attacking the legitimacy of the electoral process and against electronic voting machines. Moraes said that “the intervention of the TSE will be minimal, swift and merciless”. The minimum intervention is not as much up to the court, as the amount and severity of fake news will determine how much TSE has to act. But the speed and ruthlessness of punishment depend on the court.

In recent years, speeches by TSE presidents about fighting fake news have been little more than promises, even because of the complexity of the topic. Alexander de Moraes said today, and in connection with his role as rapporteur on the investigation of fake news, that he will do everything in his power to fulfill the promise. And the precedent of State Deputy Fernando Francischini, whose mandate was withdrawn with the special commitment of Minister Alexandre de Moraes, is a sign that this time the court will really try to punish those responsible for spreading false news against the electoral system, for example.

The ceremony demonstrated the central role of the TSE in these elections. Partly because of the unfavorable policy at the moment. And this importance was confirmed by the presence of Bolsonaro, José Sarney, Lula, Dilma Rousseff and Michel Temer, as well as all the ministers of the Supreme Court, 22 governors and several members of the federal government. The presence of the two main candidates for the presidency of the Republic, in addition to Ciro Gomes and Simone Tebet, is a clear indication of the central role of the court.

A position that the TSE has never really taken. The Court has always acted as an arbitrator that seeks to balance the dispute, which works administratively and logistically by distributing ballot boxes and organizing elections within its bureaucracy. But it has never been put as a guarantor of the process, the security of the change of power. And, in part, President Jair Bolsonaro and his supporters, including the military, were elevated to this post by TSE for criticizing the electoral system, for attacking the court, for flirting with threats to break parliament. democratic rule of law, for requests to impeach Moraes, or to initiate criminal proceedings against a minister.

If there was any false version of the political agreement made by Ciro Nogueira, Fabio Faria and Paulo Guedes with the TSE, Alexandre de Moraes’ speech showed the opposite. The absence of any mention of the military in the speech is also indicative. For those in government who have spoken of making concessions to the military, Moraes’ silence on the matter demonstrates what his advisers insistently remind him of: the military is not part of the electoral process. As Moraes’ predecessor Edson Fachin categorically stated.

Alexandre de Moraes takes over the management of the TSE, demonstrating political prestige to the court and expressing a vote of confidence in the political system. And it shows that it is becoming increasingly difficult to challenge poll results, no matter who wins in disputes across the country. But here’s a detail: when Alexandre de Moraes said that Brazil was proud of holding elections and counting votes on the same day, the guests gave him a standing ovation. Except Jair Bolsonaro, Ciro Nogueira and other members of the government.

Felipe Recondo – Content Director in Brazil. Founding Partner, he is responsible for all content produced by JOTA. Author of the books “Tanques e Togas – STF and military dictatorship” and “Os Onze – STF, its behind the scenes and its crises” written by Companhia das Letras. Prior to founding JOTA, he worked for the newspapers O Estado de S.Paulo, Folha de S.Paulo, and for the blog of the journalist Ricardo Noblat. Email address: [email protected]