Solidariedade challenges TSE’s handling of electoral-propaganda cases

Solidariedade challenges TSE’s handling of electoral-propaganda cases
Solidariedade, led by federal deputy Paulinho da Força, has asked Supreme Federal Court Justice Flávio Dino to remove Justices Kassio Nunes Marques and André Mendonça from responsibility for electoral-propaganda cases at the Superior Electoral Court (TSE). The party wants the court’s full bench to appoint three auxiliary judges from among substitute justices within 24 hours, then redistribute pending cases and overdue right-of-reply requests.

Both accounts describe the request as a challenge to a directive issued by Nunes Marques that placed himself and Mendonça among those handling 2026 propaganda cases. But they frame the objection differently. The account focused on the legal argument says Paulinho contends that the Elections Law and TSE rules reserve the designation of auxiliary judges for the full court and require the use of substitute justices. In that view, the directive breached the guarantee of the legally designated judge.

The other account places greater weight on the practical effects of concentrating cases with sitting justices, who also face administrative election duties, their regular TSE caseload and work at the Supreme Court. Solidariedade argues that this arrangement has produced delays incompatible with electoral deadlines. Its filing warns that “a response granted after the end of the campaign does not repair the offense” and that removing material only after it has spread “does not prevent the damage.”

The request follows an institutional dispute triggered by online posts involving Flávio Bolsonaro and Nossa Senhora Aparecida. Mendonça ordered 1,170 links removed at the request of Bolsonaro’s Liberal Party; Dino later granted interim relief against that decision, before Justice Luiz Fux reversed Dino’s ruling, according to the second account.

Solidariedade says its application is not intended to benefit or harm any candidate, describing its stated goal as preserving “democracy, the TSE’s impartiality and the uniform application of electoral rules.”

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