published on 06.03.2022 17:05 / updated on 06.03.2022 17:05
(Credit: Nelson Jr/SCO/STF)
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 Francischini (União Brasil-PR). The judge stated that the hurdle “will soon be overcome” and that “ostrich judiciary policy” could not be implemented.
“Regardless of the obstacle that will soon be overcome, this is what will be applied in this year’s elections in the Supreme Electoral Court. For the campaign purposes of the platform, all media networks will be considered a means of communication for the purposes of the abuse of economic power and the abuse of 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.
unprecedented case
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 hosted a live social media broadcast on Election Day alleging fraud with electronic voting machines. 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 the fan’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.
