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TSE Ministers Keep Rival Election Ads on Air After Preliminary Denials

They rejected emergency removals on grounds that the spots do not show manifest falsity, preserving political speech while plenary and merits review remain open.

Overview

  • TSE ministers ruled Monday that the contested campaign commercials from Flávio Bolsonaro and Luiz Inácio Lula da Silva may continue to be broadcast while the court carries out fuller review.
  • Minister Estela Aranha denied a request to immediately suspend Flávio Bolsonaro’s TV spot that lists negative indicators tied to the Lula government, saying alleged miscontextualization does not prove a clear, flagrant irregularity at this stage.
  • Minister Marco Aurélio Bellizze rejected Flávio Bolsonaro’s petition to remove the PT spot alleging Flávio opposed ending the 6x1 work schedule, finding the ad’s statements are political evaluations rather than demonstrably false facts and sending his ruling to the TSE plenary for referendary review.
  • Both ministers emphasized a high legal threshold for pre-emptive censorship, saying emergency removal requires evidence of a manifestly untrue claim or clear illicit conduct and that routine political criticism belongs in the electoral debate.
  • The decisions leave immediate airing unchanged ahead of further campaign events, preserve rights-of-reply and merit challenges for later proceedings, and signal that the full court may still reverse or refine the preliminary rulings.