Candidates turn to Gilmar at STF citing Deltan case

A decision by Minister Gilmar Mendes of Supremo Tribunal Federal (STF), in a complaint filed by former MP Deltan Dallagnol, has come to be used as a precedent by candidates trying to reverse restrictions imposed by Justiça Eleitoral. The original case involved the suspension of decisions of the Paraná Electoral Regional Court (TRE-PR) that had limited Deltan’s propaganda. Now, applicants from other states cite the same understanding to rule out similar fines and prohibitions.

The most recent movement took place in Alagoas. The campaign of Renan Filho, a candidate for the government, filed a petition against the rulings of TRE-AL that again imposed restrictions on propaganda. The request has not yet been reviewed. Two days earlier, the rapporteur of the case in STF had pointed out that Deltan’s play was based on public documents and constituted free political demonstration.

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On June 12, the Novo party filed a regimental complaint with an injunction to reverse the order of the dean. This was the last move exclusively to the original case. The New maintains that the Complaint in STF could not even have been known, as the decision of TRE-PR went to trial on April 16. The party also points to the existence of notorious and public animosity between the rapporteur and Deltan.

In the meantime, candidates from other units of the federation observe the unfolding of the case. The possibility of using Gilmar’s decision as a basis to remove electoral restrictions has attracted attention from campaigns facing punishments for propaganda considered irregular. The central thesis is that manifestations based on public facts cannot be classified as disinformation.

ACM Neto tries to break decisions

In Bahia, the former mayor of Salvador and candidate for the ACM Neto government asked for the concession of injunction to break the decisions and suspend the daily fines. He argued that his demonstrations constituted defensive narratives and legitimate political assessments. The request has not yet been approved by the Minister.

The defense of ACM Neto argues that the statements questioned by Justiça Eleitoral do not constitute disinformation, but rather legitimate interpretation of notorious facts. The strategy mirrors the understanding adopted by Gilmar Mendes in the Deltan case. At that time, the minister argued that Zeca Dirceu's statements did not constitute disinformation, but rather "legitimate interpretation of notorious facts attested in public documents" of unequivocal collective interest.

Grounds of the Minister

The decision of Gilmar Mendes in the complaint of Deltan Dallagnol has become a reference for candidates seeking to reverse electoral punishments. The minister considered that the contested advertising piece was based on public documents and represented free political demonstration. This understanding has been replicated in petitions from other campaigns.

The original case began when the TRE-PR imposed restrictions on Deltan’s then-pre-candidate propaganda. The defense of the former Lava Jato prosecutor appealed to STF, and Gilmar suspended the decisions. From then on, the decision began to be cited in similar contexts, although the facts of each process are different.

Reaction of the New Party

The New party, Deltan’s opponent in the Paraná, questions the validity of the complaint. The caption argues that the decision of TRE-PR had already been brought to trial on April 16, which would prevent knowledge of the action in STF. In addition, it points to notorious and public animosity between the rapporteur and Deltan, which could compromise impartiality.

The regimental complaint filed on June 12 has not yet been tried. In the meantime, Gilmar’s decision continues to produce effects and serve as a basis for new requests. The controversy is expected to intensify in the coming weeks as election propaganda intensifies.

What to expect now

The requests of ACM Neto and Renan Filho await analysis from minister Gilmar Mendes. There is no set deadline for decision. The trend is for new candidates to pursue the same path, citing the precedent for phasing out fines and restrictions imposed by regional electoral courts.

For the voter, the outcome of these disputes can influence the tone of electoral propaganda. If the thesis of free political manifestation based on public facts prevails, candidates will have more room for criticism and evaluation. Otherwise, the restrictions must be maintained. The STF will have the final say.

The Boca no Trombone portal continues to follow the developments in the Supremo Tribunal Federal and in the electoral campaigns. New updates will be published as soon as decisions are made.

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