Fachin rejects Nikolas Ferreira’s appeal against fine for fake news

Minister Edson Fachin, of the Federal Supreme Court (STF), rejected an appeal by federal deputy Nikolas Ferreira (PL-MG) against a R$30,000 fine imposed by the Superior Electoral Court (TSE) for spreading fake news against President Luiz Inácio Lula da Silva in the last elections.

The decision was published this Tuesday (2/4), but was taken on March 26 by the minister. The parliamentarian was fined by the electoral court for releasing, during the 2022 electoral campaign, a video with false information to convince his followers that the then presidential candidate would confiscate goods and financial assets from the population if elected. After the TSE conviction, Nikolas appealed to the Supreme Court.

“It is not about protecting the interests of a state, organization or individuals, but rather about safeguarding the founding pact of Brazilian society: democracy through free, truly free elections. This is not a judgment of convenience in moral or political criteria, but rather the duty to act to prevent the existential annihilation of truth and facts, under penalty of democracy and truth decaying ‘into information dust carried by the digital wind’”, wrote Fachin in his decision, citing Korean philosopher Byung-Chul Han.

Minister also rejected Zambelli’s appeal

Fachin also rejected an appeal by federal deputy Carla Zambelli (PL-SP) against a fine of R$30,000 following a decision by the TSE. She was convicted of spreading false information about electronic voting machines during the election campaign. Also taken on March 26, the decision was published yesterday (1st). The parliamentarian published a video on her networks at the time, alleging that ballot boxes were being manipulated in a union linked to the PT.

In both cases, Fachin argued that the resources do not meet the requirements set out in law and that, therefore, it would not be up to the STF to review the TSE’s decisions, as the court pointed out that there were violations of electoral rules.