Robery in Brazil's elections by judges

 

Introduction

 Ministers Kássio Nunes Marques and André Mendonça, both nominated to the Supreme Federal Court - STF by former president Jair Bolsonaro, assumed in 2026 as president and vice-president of the Superior Electoral Court - TSE. Because the TSE is the court that organizes and judges elections, their leadership during a presidential election placed their decisions under intense political scrutiny.

Body

 Two main lines of tension were documented in October 2026. First, a wing inside the TSE claimed that the president of the Court, Kássio Nunes Marques, and vice-president André Mendonça, had adopted strategies to avoid defeats in judgments related to the presidential dispute between Lula and Flávio Bolsonaro. Based on that, the Solidariedade party asked Minister Flávio Dino of the STF to remove both from actions related to electoral propaganda oversight at the TSE. Second, the reverse complaint also occurred: President of the TSE Kássio Nunes Marques sent an official letter to STF president Edson Fachin to complain about "undue overlapping of competence" over Electoral Justice decisions, after Dino overturned a decision by Mendonça and released a post by humorist Antonio Tabet about Nossa Senhora Aparecida. Fact-checking agencies also clarified that viral claims circulating at the time were false, such as that Nunes Marques had made Mendonça "general coordinator of the elections" authorized to audit voting machines or that both had authorized social networks to disobey Brazilian Justice during the elections.

Conclusion

 The episode illustrates an institutional dispute between the TSE and the STF over electoral propaganda and freedom of expression, rather than a final legal finding of interference. Requests for removal, official letters, and fact-checks show how the same decisions are interpreted differently depending on the political and judicial perspective, and their outcome depends on the STF's rulings on competence.

References:

1. Solidariedade request to remove Nunes Marques and Mendonça from propaganda oversight - YouTube / report on Malu Gaspar column

2. Nunes Marques complains to Fachin about STF interference after Dino overturns Mendonça decision - iBandCE and Blog do Eliomar reports: https://ibandce.com.br/presidente-do-tse-reclama-de-interferencia-em-decisoes-da-corte/ and https://blogdoeliomar.com/nunes-marques-reclama-de-interferencia-do-stf-em-decisoes-do-tse/

3. Fact-check that Mendonça was made general coordinator is false - Aos Fatos: https://www.aosfatos.org/noticias/andre-mendonca-coordenador-geral-eleicoes/

4. Fact-check that ministers did not authorize networks to disobey orders - Agência Lupa: https://www.agencialupa.org/verificacao/2026/08/21/nunes-marques-e-andre-mendonca-nao-autorizaram-redes-sociais-a-descumprirem-ordens-nas-eleicoes/

5. Analysis of internal TSE view about maneuvers to avoid defeats - NC News: https://ncnews.com.br/2026/10/13/ministros-veem-manobra-nunes-marques-mendonca-tse/