TSE Minister Reports Overload and 50 Cases Per Day

The minister of the Superior Electoral Court (TSE) Estela Aranha reported on Thursday (22), during the session of the Court, the workload caused by the judicialization of the electoral campaign. According to the minister, her office handles an average of 40 to 50 cases a day, and this week she even signed a vote at 2:59 a.m. to try to keep pace.

The report comes as the TSE faces a record volume of lawsuits related to the presidential dispute. By Wednesday night, the court had received at least 804 actions, more than double the 325 registered in the same period of the 2022 election. In 2018, there were 388 in the period.

Excessive judiciary concerns minister

Estela said that resources are lacking to respond to the demand and classified the scenario as "excessive judicialization". The statement was made during the discussion on the possibility of third parties who consider themselves harmed by electoral propaganda to resort to Justiça Eleitoral.

Initially, Estela expressed concern about the impact that the expansion of this possibility could have on the number of processes. The minister argued that opening this possibility, especially in a presidential election, could compromise the ability of Justiça Eleitoral to respond to propaganda lawsuits.

Record volume of shares in election

The electoral representations deal with day-to-day issues of the campaign, such as irregular propaganda and requests for the withdrawal of publications, and are judged by auxiliary judges. Estela is part of this group, alongside Marco Aurélio Bellizze, André Mendonça and Nunes Marques.

Throughout the campaign, the actions began to deal with topics such as dissemination of untrue facts, boosting negative content against candidates and advertisements broadcast on radio and television. The TSE also needed to analyze issues involving WhatsApp channels and the use of deepfakes.

Impact on the Public Prosecutor’s Office and conciliations

The minister also stated that the volume of cases has also reflected in the work of the Prosecutor’s Office, which needs to express itself on the cases. In arguing about the overload of the cabinets, Estela cited the pace of work on the eve of the second round.

She also stated that she seeks to promote conversations and conciliations with the campaigns to avoid new processes and that, in this case, there was a commitment not to re-carry the propaganda. In the case at trial, according to the minister, the propaganda questioned had been shown only on October 10, once in the morning and another in the evening. The action was filed the next day, when, according to Estela, the play had already ceased to be broadcast.

Divergence on third party legitimacy

In the case analyzed on Thursday, Estela argued in her vote that it would not be possible to establish a broad legitimacy for third parties outside the electoral process to resort to TSE. The minister argued that the person who feels harmed could seek common justice to discuss possible damage to honor, including the possibility of asking for a reparation that could not be granted by Justiça Eleitoral.

André Mendonça acknowledged the overload of work during the election period, but considered that this scenario could not simply rule out the possibility of a third party that considers itself harmed seeking a provision in Justiça Eleitoral. The source did not detail the outcome of the trial.

The minister’s report exposes the challenges faced by Justiça Eleitoral in a lawsuit marked by intense litigation. To follow up on this and other TSE decisions, continue browsing the Boca no Trombone portal.

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