Federal Supreme Court (STF) minister Edson Fachin rejected an appeal by deputy Nikolas Ferreira (PL-MG) against a R$30,000 fine imposed by the Superior Electoral Court for disseminating fake news in the 2022 elections.
The decision is dated March 26th, but was published this Tuesday (2).
When denying the request, the rapporteur stated that “there is no rule of law nor a free society in a representative democracy that does not preserve, even with bitter and borderline remedies, the very normality of elections.”
“It is not about protecting the interests of a state, organization or individuals, but about safeguarding the founding pact of Brazilian society: democracy through free, truly free elections. It is not about a judgment of convenience in moral or political criteria, but rather the duty to act to prevent the existential annihilation of truth and facts”, he pointed out.
TSE creates center against fake news
The Electoral Court sentenced the deputy to pay a fine for irregular advertising, based on a request presented by President Lula’s campaign.
Lawyers for the PT coalition reported that the congressman published a video on social media with “fraudulent numbers and information” to induce voters to believe that, if Lula were a voter, there would be confiscation of the population’s goods and other financial assets.
Furthermore, the video insinuates that the PT and the president are to blame for the deaths caused by the pandemic, as the party has diverted health resources.
Nikolas’ defense stated that the content was taken from journalistic sources and that the statements in the video were not distorted.
To the Supreme Court, the lawyers stated that the content is limited to reproducing public and notorious facts. They also said that there is no disinformation, but the exercise of the right to freedom of expression.
Fachin denied proceeding with the request for procedural reasons – that is, the appeal does not meet the formal requirements set out in law to continue processing.
The rapporteur stated that, when the TSE analyzed the case, it considered that there was a violation of electoral rules. According to him, the Electoral Court reached the understanding through interpretation of the Elections Law and court resolutions.
And it is not up to the Supreme Court to review the TSE’s conclusions, nor to re-analyze facts and evidence through the extraordinary appeal.
Tags: Fachin maintains R30000 fine Nikolas Ferreira fake news Lula elections Policy
