TSE fines Flávio Bolsonaro for promoting content against Lula

The TSE fine Flávio Bolsonaro (PL) in R$ 5,000 for the paid boost of a publication considered negative electoral propaganda against the president Luiz Inácio Lula da Silva (PT), candidate for re-election. The decision was taken by Minister André Mendonça and released on Monday (5).

The representation was presented by Lula’s campaign after a sponsored publication on Flávio Bolsonaro’s social networks. In content, the PL candidate criticized the current president and, at the same time, presented his own candidacy as an alternative for the country.

According to the decision, the problem is not in the possibility of a candidate to make political criticism of the opponent, but in the use of resources to expand in a paid way the reach of content characterized as negative propaganda.

Mendonça points out irregularity in the boost

In analyzing the case, André Mendonça followed the understanding of the Electoral Attorney General. For PGE, the message used rejection of the opponent as an element to promote Flávio Bolsonaro’s candidacy.

The electoral legislation allows candidates and parties to use boosting mechanisms to broaden the scope of publications aimed at promoting their own candidacies. However, there are restrictions on paying for content that targets negative advertising against adversaries.

The defense of Flávio Bolsonaro maintained that the content represented a political trial and that the negative references to Lula occupied only a small part of the publication, which also presented positive proposals and messages related to the PL candidate.

Publication may continue on the air

Despite the application of the fine of R$ 5,000, Mendonça did not determine the withdrawal of the post from social networks.

In this way, the material can continue to be available and circulate organically, that is, through the normal reach of platforms, shares and user interactions. What is prohibited is a new payment to boost the same content or material of equivalent content.

The decision, therefore, differentiates political criticism made during the election campaign from the use of paid advertising to amplify a negative message against an opponent.

Flávio Bolsonaro and Lula play the second round of the 2026 presidential election.