Dino ‘crosses’ Mendonça and releases posts linking Flávio to the withdrawal of the title of Patron Saint
Journalist graduated from the Catholic University of Brasília, covers the National Congress and the Planalto Palace for Revista Oeste. Previously, she was part of the editorial teams of Poder360, Correio Braziliense, Alô Brasília, and Aqui DF. She also served as editor at TV Brasília.
TL;DR
- Supreme Court Minister Flávio Dino overturned an electoral court decision that ordered the removal of a publication by Antonio Tabet.
- The publication associated presidential candidate Flávio Bolsonaro with the alleged withdrawal of Nossa Senhora Aparecida as the Patron Saint of Brazil.
- Dino stated that the initial decision had severe consequences for freedom of expression and religious freedom.
- The case began with a representation filed by Flávio Bolsonaro against Tabet's post on X (formerly Twitter).
- Mendonça had ordered the immediate removal of the publication and prohibited Tabet from reposting similar content, imposing a R$30,000 fine.
- Dino extended the effects of a previous decision where he had considered the removal of content and prohibition of new manifestations as prior censorship.
- Dino argued that restrictions on expression during election periods require greater caution due to the electoral calendar, which can lead to irreparable harm.
- He also noted that the devotion to Nossa Senhora Aparecida is a matter of Catholic faith, not a constitutional imposition, and candidates could publicly criticize laws related to it.
- Dino did not identify sufficient certainty of illegality in Tabet's post to justify severe consequences for freedom of expression and religion before the process was fully instructed.
- Dino's decision overturned the removal order, the prohibition of similar content, the fine, and the order to make the post unavailable on X.
- He also ordered platforms to restore Tabet's publication and other removed content with the same grounds, leaving open the possibility of extending the decision to preserve the authority of the precedent.