TSE fines Bolsonaro for video against “gay kit” used in the campaign

Most ministers of the Superior Electoral Court (TSE) decided to fine former president Jair Bolsonaro (PL) by R$ 20,000 for releasing a video against the so-called “gay kit” during last year’s election campaign. The Pelo Bem do Brasil coalition and the owner of the website and the Lulaflix channel, Lucas Allex Pedro dos Santos, appointed as responsible for publishing the video, were also fined the same amount.

The Lulaflix website gathered records of complaints and scandals involving Lula and the PT. Among the published content was a video in which then-deputy Jair Bolsonaro denounced the PT for creating and distributing a booklet called “Aparelho Sexual e Cia” in schools for children. At the time of the complaint, in 2010, the opposition called the material a “gay kit”.

The case’s rapporteur, Minister Floriano de Azevedo Marques, justified the decision by claiming that the content is “fake news” and that despite having been previously removed from the internet by order of the TSE, it would have reached almost 100,000 views since the day of publication. publication on Lulaflix channels, on September 17, 2022, until the day of banning, on October 6, 2022.

Minister Azevedo Marques’ report was based on the Electoral Law (Law No. 9,504/97) which provides for a fine of R$5,000 to R$30,000 for anyone campaigning anonymously on the internet and other means of communication.

Justices Raul Araújo and Nunes Marques opened disagreements only in relation to the amount of the fine. Both asked that the individual fine be set at R$ 10,000.

The decision was released by the Court last Tuesday (8).

remember the case

In October of last year, the TSE determined that those responsible for the Lulaflix website and channel should make adjustments to the pages so that the contents appear as electoral propaganda. The Court also decided to remove the video about the “gay kit”, which was the subject of last Tuesday’s decision (8).

The previous month, in September 2022, the TSE had already banned the site from promoting content critical of the then candidate Lula (PT). The lawsuit was filed by the Brasil da Esperança coalition – belonging to the then candidate Lula – alleging irregularities in the disclosure of the contents.

According to the case’s rapporteur at the time, Minister Maria Claudia Bucchianeri, although the page was registered in the National Register of Legal Entities (CNPJ) of candidate Jair Bolsonaro’s campaign, it was not included in the candidacy register as one of the official websites.