TSE upholds Bolsonaro fine for video linking Lula to abortion

The Superior Electoral Court (TSE) upheld the fine of R$90,000 to former President Jair Bolsonaro’s coalition for releasing a video, during the 2022 election campaign, in which it said that the Lula government would encourage the release of abortion in Brazil . The decision of Minister Maria Claudia Bucchianeri, of December 2022, was confirmed by the collegiate of the court this Tuesday (20).

In Bucchianeri’s understanding, in addition to Bolsonaro’s campaign not clearly indicating that the video was a piece of electoral propaganda, article 57-C of the Elections Law would prohibit boosting (paying to increase the reach of content on a social network) “with the purpose of criticizing the candidates of the opposition coalition”.

The defense of the Bolsonaro campaign appealed the decision, claiming that the interpretation given by the minister went beyond the text of the law – article 57-C allows the promotion of content, without mentioning any prohibition of criticism of opponents. In addition, he stated that the boost was within the foreseen rules, in line with the legality of disclosing right-wing agendas and aimed to distinguish between the candidates’ positioning. The coalition also pointed out that the fine would be disproportionate.

The plenary did not accept these arguments and maintained the condemnation of Bolsonaro’s coalition.

Lula government and abortion

Since Lula’s inauguration, the PT administration has adopted several measures favorable to abortion. The advancement of the practice is defended by authorities and representatives of various Lula bodies, such as Health Minister Nísia Trindade; the Minister of Women, Aparecida Gonçalves and the Secretary of Primary Health Care of MS, Nésio Fernandes.

One of the first actions in the implementation of this policy was the repeal of the ordinance that established that health services communicate to the police authorities cases of abortion resulting from rape and preserve materials that could help in identifying the aggressor through genetic tests. With the repeal, it is again more difficult for crimes of rape to be investigated and punished. At the same time, it is easier for abortion to be practiced in cases not permitted by law, under false allegations of rape.

The Lula government also withdrew from the international agreement of the Geneva Consensus, in defense of life from conception, women’s health, the strengthening of the family and the sovereignty of each nation in global politics.

In April 2022, at an event, Lula defended that abortion was a public health issue and that Brazilians could undergo the procedure “without being ashamed”.