Dino overturns Mendonça's decision and reinstates Tabet's post about Our Lady of Aparecida

STF minister grants extension request, blocks prior censorship, and allows publications about the patron saint

Dino overturns Mendonça's decision and reinstates Tabet's post about Our Lady of Aparecida

TL;DR

  • Justice Flávio Dino of the STF overturned a prior ruling by Justice André Mendonça of the TSE that had ordered the removal of a publication by comedian Antonio Tabet.
  • The decision also mandates the reinstatement of other posts removed based on similar grounds, following a request by Senator Flávio Bolsonaro.
  • Dino highlighted the importance of freedom of expression during electoral periods and cautioned against summary removals of content, stating that judicial intervention in democratic debate should be limited.
  • The STF justice stressed that restricting free debate on legislative and religious topics, including proposals to alter the title of Our Lady of Aparecida as Brazil's patroness, is legally inadmissible.
  • The ruling nullified the removal orders, abstention, and fines previously imposed by the TSE and ordered the immediate notification of the Electoral Court and digital platforms for the restoration of affected posts.