Justice orders PF to investigate Ana Elisa over fake news

Judge Orlando Israel de Souza, of Justiça Eleitoral, ordered the Federal Police to investigate the petista Ana Elisa Santos Silva for alleged disclosure of false news against the senator Flávio Bolsonaro during the electoral campaign period. The decision also orders that the social network X preserve the publications indicated by the candidate for the Presidency and removes the secrecy marked by him when registering the crime news, forwarding the autos to the Electoral General Prosecutor’s Office.

The measure responds to a request presented by Flavio, who accuses Ana Elisa of disclosing untrue facts capable of influencing the electorate. The case is now being analyzed by the Electoral Prosecutor’s Office, which may comment on the continuation of the investigations.

Understand the crime pointed out in the decision

The offence cited in the decision is provided for in the Electoral Code and consists of "disclosure, in electoral propaganda or during an electoral campaign period, of facts that are known to be untrue in relation to parties or candidates and capable of exercising influence before the electorate". Conduct is considered an electoral crime and may result in punishment.

Flavio also adds a device that provides for an increase in the penalty if the crime occurs on the internet. In this case, the total punishment can reach one year and six months of detention, although there is the possibility of substitution by a fine. The typification seeks to curb the spread of disinformation during the electoral process.

Opinion of the Electoral Public Prosecutor

In the opinion, the Public Prosecutor’s Office of Minas Gerais (MPMG) partially agreed with Flávio’s arguments. Prosecutor Fábio Barbieri Caetano understood that the publications under discussion do not appear to be opinions or political criticism protected by freedom of expression, but rather "affirmation about objectively verifiable event".

This distinction is central to the case: while opinions and criticism are protected by freedom of expression, the imputation of verifiable false facts can configure electoral crime. The prosecutor, however, rejected a request for a precautionary measure to prohibit the petista from producing fake news related to the elections.

The opinion clarifies that the conduct is already a crime and opines that the imposition of a "generic judicial order" would not add protection. "The generic reference to false news, without link to specific content previously identified, would transfer to the investigating person the assessment of the limits of a judicial restriction whose non-observance could entail procedural consequences," the document concludes.

Ana Elisa's reaction in the networks

The petista reacted to the decision on her social networks. For her, Flavio would be trying to stop her from talking about the elections. Ana Elisa wonders if the senator would be "fearful" of what she has to say. The public demonstration indicates that the investigating party intends to continue to publicly position itself on the case.

The Gazeta do Povo contacted Ana Elisa Santos Silva. The space is still open for demonstration. To date, there is no additional information on the defense of the petista or on possible next steps in the process.

Next steps of the case

With the judicial decision, the Federal Police should begin investigations into the publications pointed out by Flávio. The Electoral Prosecutor’s Office will also receive the autos for analysis and will be able to position itself on the continuity of the case. The preservation of publications on the social network X is a precautionary measure to ensure the integrity of the evidence.

The outcome of the case could have implications for the debate on freedom of expression and the fight against disinformation in the electoral context. The decision of Judge Orlando Israel de Souza and the MPMG opinion signal an understanding that the disclosure of verifiable false facts may exceed the limits of legitimate political criticism.

The Boca no Trombone portal will continue to monitor the progress of the process and will bring new information as it becomes available. In the meantime, the reader can check out other news about national politics and elections on our website.

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