Brazil’s Superior Electoral Court (TSE) is facing internal divisions and concerns over the partiality of its president, Kassio Nunes Marques. The controversy surrounds the “Exército de Lula” WhatsApp channel, led by Deputy André Janones, which has been at the center of a series of decisions and counter-decisions by Nunes Marques.
Nunes Marques initially adopted a low-profile approach during the first round of elections but has become more active in the second round, particularly regarding digital campaign activities. His actions have raised concerns among colleagues and members of Luiz Inácio Lula da Silva’s campaign about his potential bias toward Flávio Bolsonaro.
Divisions within the TSE
The back-and-forth decisions on the “Exército de Lula” channel have exposed a rift within the TSE, with some ministers expressing concerns about Nunes Marques’ actions. Minister Floriano de Azevedo Marques recently determined that Nunes Marques should not unilaterally shut down the channel without a plenary decision.
This decision came after a lawsuit was filed by Lula’s coalition, alleging that Nunes Marques planned to shut down the channel. The TSE denied these claims, stating that no such decision had been made.
Earlier, Nunes Marques had clashed with Corregedor Ricardo Villas Bôas Cueva, who had requested information about the “Exército de Lula” channel. Nunes Marques then ordered the channel’s shutdown, only to be overridden by Cueva, who reinstated the channel and sent the case to the plenary for review.
Concerns over partiality
Nunes Marques’ actions have led to concerns that he may be favoring Flávio Bolsonaro’s campaign. The PT has accused him of attempting to shut down the “Exército de Lula” channel, while Flávio’s campaign has requested that the channel be kept under Lula’s responsibility.
In an interview with O Globo, Nunes Marques defended his actions, stating that the difference between the “Exército de Lula” and the “Tropa de Flávio” channel was clear: the latter was linked to Flávio’s campaign, while the former was not.
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A proposal by Minister André Mendonça to suspend WhatsApp channels with over 200,000 users during the election period has been put on hold. The proposal was seen as potentially affecting the “Exército de Lula” channel, which has over 10 million users. Mendonça later clarified that the measure would apply to all channels, including the “Tropa de Flávio,” which has over 2 million followers.
Nunes Marques has requested information from Meta, Google, and X regarding the “Exército de Lula” channel after the campaign of Flávio Bolsonaro questioned the monitoring of the channel by Meta.
The defense of Flávio Bolsonaro claims there is coordinated activity in the “Exército de Lula,” with scheduled hashtags, dictated comments, and prewritten texts—practices prohibited by election law. The campaign argues that Meta did not provide sufficient details about its review methods, prompting a demand for a more precise report.
The TSE has resolved to establish criteria for the registration of political-electoral channels by campaigns. However, the discussion over the “Exército de Lula” channel has not yet reached the plenary.
Nunes Marques’ actions have sparked concerns about potential measures he may take in the event of Lula’s victory, including requests for vote recounts or the suspension of the election results.
As the situation unfolds, Nunes Marques has met with platform representatives, requesting that they reinforce their personnel and treat campaigns equally to ensure compliance with the conformity plan signed by all companies.
In a recent decision, Nunes Marques maintained collaborations in favor of Flávio Bolsonaro, citing the need for more probative elements. He also suspended posts by Flávio and his allies.
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The “Tropa de Flávio” channel has also been subject to scrutiny, with Cueva ordering the removal of an audio clip that claimed, without evidence, that election officials were voting on behalf of absent voters. If the content is not removed, the channel could face suspension.
Nunes Marques has said that he is not in favor of last-minute changes, but he has not ruled out the possibility of taking further action if the environment of “disinformation” grows.
Other Ministers and Political Allegations
Ministers from the Liberal Party (PL) interpret the court‘s actions as partiality toward Lula, particularly those of Ricardo Villas Bôas Cueva, Floriano de Azevedo Marques, and Estela Aranha. These ministers are believed to maintain close ties with Supreme Federal Court (STF) ministers Gilmar Mendes, Alexandre de Moraes, and Flávio Dino.
The criticism extends to Minister Ricardo Villas Bôas Cueva, who ordered the removal of an audio clip from the “Tropa de Flávio” channel. The clip, sent by elected deputy and senator Gustavo Gayer, falsely claimed that election officials in the Northeast were voting on behalf of abstaining voters. Cueva warned that the channel could face suspension if the content was not removed.
Final Administrative Actions
Despite the ongoing concerns, Nunes Marques issued an administrative decision to maintain collaborations in favor of Flávio Bolsonaro’s campaign. The minister stated that, at the initial stage of a legal process, it is not possible to definitively prove coordinated actions. He argued that more probative elements are required to make a determination.
In the same decision, the TSE president maintained the monetization of political profiles. He also suspended specific posts made by Flávio Bolsonaro and his allies.
On Friday, October 23, Nunes Marques met with representatives from social media platforms. The situation regarding the WhatsApp channels remains a focal point of the court’s activities.
