Campaign of Flávio contests TSE report

The campaign of Senator Flávio Bolsonaro (PL-RJ) released a note this week challenging the report of the Superior Electoral Court (TSE) on a WhatsApp channel allegedly linked to the candidate Luiz Inácio Lula da Silva (PT). The senator’s team reiterated the accusation that the channel would be used for “mass dissemination also of openly disinformative content”, with “the strategy of systematically erasing commands and the contents fired, precisely to make it impossible” to monitor the platform and the TSE.

According to the senator’s team, the dynamics would have been evident in the early hours of October 8, when 219 publications would have been deleted in an 18-minute interval. Despite being removed from the WhatsApp channel, Flavio’s team points out that these videos remained active on other social networks, totaling 920,000 and 3.1 million views, respectively.

The controversy gained new contours on Sunday, when the president of TSE, Nunes Marques, responded to Flavio’s request and suspended the channel. Hours later, Justiça Eleitoral's co-director general, Minister Ricardo Villas Bôas Cueva, overthrew the order and released the channel. Cueva was already analyzing the PL candidate’s campaign request against the channel and had requested more information. Shortly after the minister’s request, Flavio’s lawyers directly fired Nunes Marques, who suspended the channel.

Procedural disputes and criticisms of the corrector

In the introductory proceedings, the corrector stated that the use of different procedural pathways cannot become a mechanism of successive choice of the judge. The Senator’s team again criticized the conduct of the case by the Corregedor, stating that it requested secrecy in the processing of the action so that Meta, WhatsApp’s controller, was ordered to preserve in full all the data and contents before they were destroyed.

However, the note points out that Cueva chose to withdraw the secrecy of the autos two days after the protocol without previously determining the precautionary preservation of the information. “This, despite the explicit warning made at the outset that the methodology used to circumvent the control of the Justiça Eleitoral passed through the systematic erasure of data. It’s no surprise that nothing else was found on the channel,” the campaign said.

Understand the case

The dispute revolves around a WhatsApp channel that, according to Flavio’s campaign, was used to spread disinformation against the senator and in favor of Lula. The team alleges that the channel erased messages quickly to avoid monitoring the platform and the TSE. The initial request for suspension was made to the Corregedor Cueva, who requested more information before deciding. However, Flavio’s lawyers fired the president of TSE, Nunes Marques, who granted the injunction suspending the channel.

Hours later, Cueva overturned the decision and released the channel, generating criticism of the campaign.

The campaign note highlights that the removal of the secrecy of the autos without the precautionary preservation of the data would have allowed the evidence to be erased. The team claims that it explicitly warned about the systematic erasure methodology, but the corrective officer would not have taken the necessary measures. The campaign also questions procedural conduct, suggesting that Cueva’s decision benefited the channel.

Next steps

So far, there is no information about new features of the Flavio campaign. The TSE did not officially comment on the note released by the senator’s staff. The case remains under review at Justiça Eleitoral, and further decisions may be made in the coming days. Flavio’s campaign says it will continue to monitor the process and collect the preservation of the evidence.

The Boca no Trombone Portal will continue to follow the development of the case and will bring updates as new information is released.

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