STF interferes in 2026 elections in three decisions
The Federal Supreme Court (STF) was called upon in at least three episodes with potential to influence the 2026 elections. The decisions involved the adjustment of the Bolsa Família, the removal of false content, and the use of artificial intelligence in campaigns.
In recent months, the Supremo Tribunal Federal (STF) has led to at least three decisions with the potential to interfere in the 2026 election scenario. The cases involve the readjustment of Bolsa Família, the removal of fake publications and the use of artificial intelligence in campaign material. The decisions came from different ministers and generated repercussions among candidates and parties.
Re-adjustment of the Family Grant is validated
On September 18, Minister Gilmar Mendes acknowledged that the updating of the values of Bolsa Família complied with the previous decision of STF itself and did not violate the restrictions of electoral legislation. The readjustment was 15.04%, based on the cumulative variation of the National Consumer Price Index (INPC).
With the update, the minimum amount of the benefit goes from R$ 600 to R$ 691. The government argued that it was not about creating a new benefit or expanding the number of beneficiaries, but a recomposition of the values of an existing program.
Candidates questioned the measure in Justiça Eleitoral on the grounds that a re-adjustment of this magnitude during the campaign period could affect the balance of the dispute. Gilmar, however, considered that the measure had a different nature from the expansion of benefits carried out in 2022 by the government Jair Bolsonaro. According to the minister, the current adjustment did not create new benefits, did not change the eligibility criteria and did not expand the universe of beneficiaries.
The decision of Gilmar Mendes represented a relief for the Lula government, which announced the readjustment less than 20 days before the first round. The case remains as one of the main points of tension between the Executive and the opposition.
Fake news against Flávio Bolsonaro
Another episode involved the Flávio Bolsonaro campaign, which triggered the Superior Electoral Court (TSE) to ask for the removal of content considered false. Minister André Mendonça, in preliminary analysis, understood that the content reproduced false information and ordered the removal of the publication and similar content, with a fine of R$ 30,000 in case of non-compliance.
The decision of Mendonça generated reaction in the STF. Minister Flávio Dino even sent the issue to the plenary after suffering internal pressure, but his decision was eventually suspended by Minister Luiz Fux, causing Mendonça’s decision on TSE to come back into force.
However, Fux's decision is not final. The president of the Supreme Court, Minister Edson Fachin, is expected to take the case to the plenary on Wednesday (30). The outcome may set new parameters for the removal of content during the election period.
Use of AI in campaign generates debate
The third case involved the use of artificial intelligence in campaign material. Minister Alexandre de Moraes ordered the defense of former president Jair Bolsonaro to inform, within 48 hours, whether he had authorized the use of his image and voice in the material.
The minister’s concern was related to both the right to image and the electoral rules on the use of artificial intelligence. According to Moraes, it would be necessary to clarify whether there was consent for the use of the image of the former president in material presented at a political event.
The minister also pointed out that if Bolsonaro had authorized the video, the conduct could have consequences in the context of the measures imposed on the former president. If not authorized, the situation could raise questions about the responsibility of the campaign that used the material.
The episode subsequently reached TSE. In September, the Electoral Court decided, by 4 votes to 3, not to apply punishment to Flávio Bolsonaro for using the video. The trial also established parameters for the use of content produced with artificial intelligence during the electoral contest.
The three decisions show how STF and Justiça Eleitoral have been triggered to arbitrate disputes that may influence the outcome of the 2026 elections. The outcome of each case can still generate new developments.
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