Nikolas is fined BRL 30,000 at the TSE for speaking against Lula – 03/28/2023 – Politics

In a judgment that reinforces the jurisprudence against electoral disinformation, the plenary of the TSE (Superior Electoral Court) confirmed this Tuesday (28) the decision that, on the eve of the second round, determined the removal of the video posted by federal deputy Nikolas Ferreira (PL -MG) on a social network against the then presidential candidate Luiz Inácio Lula da Silva (PT).

The plenary understood, by 6 votes to 1, that the content produced and disseminated by Nikolas, ally of former President Jair Bolsonaro (PL), extrapolated freedom of expression. The collegiate fined the parliamentarian in R$ 30 thousand. The dissenting vote was by Minister Raul Araújo.

On October 25, according to the case file, Nikolas stated in a video released on one of his social networks that Lula diverted R$ 242.2 billion from public health.

Said the PL representative of Minas Gerais: “R$ 242.2 billion. That’s exactly what you heard, what would you do with that money? How many people would you help? That’s right. That was the amount that the PT diverted from Brazilian health only in their first three governments”.

He also said: “I ask, what would the pandemic be like if Brazil had invested all that amount in the structure of hospitals? How many lives could have been saved?”

The rapporteur for the matter, the president of the TSE, Alexandre de Moraes, stated that the fairness of the electoral process must be safeguarded “under penalty of emptying the protection of electoral propaganda”.

“Justice does not have the right. It has the duty to make its decisions really necessary instruments to guarantee our constitutional obligation of safeguarding free and legitimate elections. Therefore, I maintain the decision”, he affirmed.

The coalition headed by the current President of the Republic stated that the elected parliamentarian disseminated false information.

Moraes accepted the arguments of Lula’s lawyers and ordered the removal of the material. The minister pointed out that Nikolas used decontextualized journalistic articles to try to give the material an air of truth to the video.

“Disclosure of a fact that is known to be untrue, with serious decontextualization and apparent purpose of associating the candidate with embezzlement of funds or statements about his disregard for education in the country, seems sufficient to configure negative electoral propaganda, in line with the jurisprudence of this court”, said the president of the TSE.