Brazil’s Superior Electoral Court (TSE) is facing internal criticism after Justice Dias Toffoli suspended the presidential campaign of Renan Santos, the candidate of the Missão party, over irregularities involving the campaign’s social-media profiles.
Toffoli’s decision on Monday, August 31, suspended Santos’ digital election advertising, transfers and spending financed by Brazil’s Electoral Fund, and his participation in debates and other appearances on radio, television, podcasts and other media. The order also requires Santos and Missão to provide information about when each profile was created and when it began carrying electoral propaganda.
Dispute Over Proportionality
According to single-source reporting by CNN Brasil, one group of TSE ministers privately argued that the response went too far. They said the alleged violation should be treated as a routine electoral-advertising irregularity, potentially subject to a fine of R$5,000, rather than as part of the legal process for registering a candidacy.
Candidates must disclose their digital profiles as part of the registration process. But the ministers cited by CNN said that failing to provide accurate information about those accounts should not, by itself, justify suspending an entire campaign. In their view, such a measure would be appropriate only if the defect made the candidacy’s registration fundamentally impossible.
One minister warned that accepting Toffoli’s reasoning could allow inaccurate information about less central details—such as an address, name or telephone number—to support similar campaign suspensions.
Legal and Procedural Questions
The critics also said that, even if Santos had intentionally omitted the profiles, the matter could be investigated through an electoral-advertising case or an AIJE, the Portuguese acronym for a Judicial Electoral Investigation Action. That route would require proof that the candidate acted deliberately or misused communication channels.
They further argued that the alleged irregularity did not concern an essential eligibility requirement, such as party membership. The distinction matters because a registration case can directly affect whether a candidate is allowed to remain in an election, while an advertising case generally addresses campaign conduct.
The decision has also drawn criticism because it was issued individually rather than submitted immediately to the full court. TSE rules state that individual decisions granting provisional relief should be sent for review at the first available electronic session, unless the reporting justice reverses the decision or the case becomes moot.
Candidate Plans Appeal
Toffoli gave Santos and Missão 24 hours to identify the dates on which the profiles were created and first used for campaign purposes. They must also disclose any other electronic addresses used by the campaign and respond to possible violations. Failure to comply could lead to rejection of Santos’ candidacy.
A legal appeal by Santos could bring the case before all TSE ministers. Santos called the decision “illegal” and “absurd,” saying that many other candidates may have faced similar technical problems during registration.
“No candidacy should be suspended this way,” Santos said, according to CNN Brasil.