Fachin denies Nikolas Ferreira’s appeal and maintains video fine against Lula

Federal Supreme Court (STF) minister Edson Fachin denied an appeal by federal deputy Nikolas Ferreira (PL-MG) against a R$30,000 fine imposed by the Superior Electoral Court (TSE) for “spreading disinformation” against President Luiz Inácio Lula da Silva (PT).

The congressman released a video on social media during the 2022 campaign against the then candidate. According to the process, the recording showed decontextualized content about alleged deviations in public health. The action was filed by the Brasil da Esperança coalition. After the end of the possibility of appeals in the Electoral Court, Nikolas sued the Supreme Court to try to reverse the TSE’s conviction decided last year.

At the time, the Electoral Court pointed out that there was “the dissemination of fake news tending to violate the honor of the opposing candidate – which, far from being part of the free expression of thought, constitute a clear transgression of the normality of the electoral process”.

Fachin considered that the arguments presented by the deputy “are not capable of leading to the reform of the appealed decision”. The minister also mentioned that, according to STF Summary 279, it is not possible to analyze TSE decisions through an extraordinary appeal, as presented by Nikolas’ defense. The decision was signed by the minister on March 26th and published this Tuesday (2).

The judge highlighted that “there is no rule of law or 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 rather about safeguarding the founding pact of Brazilian society: democracy through free, truly free elections,” he added.

Earlier, Nikolas criticized the decision and argued that he used a “journalistic article from Veja magazine” in the post. “Who is suffering the fine or not doesn’t matter – there is simply no plausible reason for this conviction,” said the parliamentarian on social media.