TSE ministers see Moraes' interference in Bolsonaro's AI charges

TSE ministers saw the demand made by Moraes this week on this topic as a form of pressure. In the opinion of three members of the court heard under reservation, the issue is within the scope of the October dispute and, therefore, should be dealt with by the electoral court, not by the STF.

Moraes asked for explanations from Bolsonaro in the process that regulates the execution of the former president's sentence for an attempted coup d'état, in which the STF minister imposed restrictions such as a ban on the use of social networks.

At the TSE, there are internal differences over the treatment to be given to the use of AI by the PL campaign, but none of the groups intends to propose serious sanctions against Flávio. Of the seven members, at least two ministers tend to take a more liberal approach and two others to apply measures that serve as a warning.

In determining Bolsonaro's defense to explain the former president's participation in the episode, Moraes suggested that the conduct could result in both Bolsonaro's return to the closed regime and Flávio's ineligibility.

The PT contacted the STF and TSE about the use of Bolsonaro's AI at the PL convention and stated that it was a similar case (but more serious due to its sophistication and recurrence) to the reading of the former president's letter of support for Flávio, which led to a ban on the candidate's visits to his father.

For members of the TSE, Moraes' order is a sign of attempted interference in the court's work and the electoral process.

As Folha showed, a group of STF magistrates had been preparing to act as a type of review body for TSE decisions and stand up to Kassio Nunes Marques' management in court.

Even TSE ministers who defend sanctions against Flávio for using his father's avatar show concern about Moraes' measure and what it could symbolize in the relationship between the Electoral Court and the Supreme Court in elections. So far, conflicts have arisen in the face of state controversies, such as the supplementary elections in Roraima or the definition of the Executive in Rio de Janeiro.

In the case of using the avatar, TSE ministers are studying different paths to that indicated by Moraes. On the one hand, at least two who initially refuse to apply any punishment to the senator understand that artificial intelligence was used to favor, not harm, a candidate. In this view, the use of the tool to harm a campaign should be punished.

Another possibility raised is to impose a fine on the PL, order the removal of the material from social networks and point out that repeat offenses could be understood as abuse of power. At least two ministers believe that Flávio used the so-called deepfake, and a resolution prohibits the use of this tool to attack the opponent or to favor the candidate.

This set of measures would act as a warning, to prevent the systematic use of artificial intelligence and prevent Bolsonaro from ending up campaigning for his son.

Even this view would be far from the one raised by Moraes that the party's act would deserve some of the most serious condemnations of electoral legislation. Regarding this point, therefore, some of the TSE ministers foresee a penalty, but not revocation or prohibition of the candidacy registration.

Abuse of power in an electoral campaign for these magistrates would be an act with the potential to cause damage to the balance of the election or the integrity of the electoral process. Bolsonaro's avatar at a PL event, alone, would not be capable of doing so.

Now, Kassio also reports on the representation presented to the TSE against the use of Bolsonaro's avatar, with him making the initial decision on the regularity of the conduct. The minister may send the decision to the plenary for validation, or do so only if there is an appeal against its conclusion.

So far, he has told interlocutors that the issue is under analysis and has not yet indicated a timetable for deciding.

At the Supreme Court, however, on Tuesday night (28), the rapporteur for the execution of the sentence for a coup d'état acted quickly and gave his lawyers 48 hours to respond as to whether the former president had authorized the presentation of the avatar at the event that defined Flávio as the party's candidate for President.

Bolsonaro's lawyers denied this Wednesday (29). In response, the former president, through his defense, stated that he would not even have the means to give Flávio such authorization to show the video, since he is prohibited from receiving visits from his son.

According to Moraes, authorization for this would be a serious violation of the restrictions imposed by him and the Supreme Court. This consent could even take away the benefit of house arrest granted to Bolsonaro.

On the other hand, with the denial, the responsibility would fall on Flávio and the PL. The STF minister stated, in the order, that the use of deepfake is expressly prohibited by legislation. He also pointed out that, in accordance with a resolution from March this year, the TSE improved the fight against electoral fraud, in particular to combat the misuse of AI, characterizing the use of these tools as an abuse of political and economic power.

"The jurisprudence of the Superior Electoral Court, equally, is peaceful in the sense that the improper use of social media, including through social networks, constitutes serious disrespect for electoral legislation, and may even lead to ineligibility", says Moraes.

At the beginning of the tension between the courts, in June, members of the STF also reached out to Kassio with the intention of overturning his decision to censor the Atlas/Bloomberg survey that