Brazil court orders removal of video falsely linking PT party to criminal factions

Brazil's Superior Electoral Court (TSE) has ordered the removal of a video published by a leading congressman that falsely associated the Workers' Party (PT) with criminal factions. André Mendonça, the vice president of the TSE, ruled that federal deputy Sóstenes Cavalcante (PL-RJ) must delete the social media post, which suggested, without providing any evidence, that the PT receives funding from the criminal organizations Comando Vermelho (CV) and Primeiro Comando da Capital (PCC).

The video alleged that U.S. government investigations into these groups had uncovered indications of illicit money financing PT campaigns. This claim was made shortly after U.S. President Donald Trump designated these factions as terrorist organizations. The publication offered no proof to substantiate the accusation.

In his ruling, Minister André Mendonça stated that while criticism is a part of democracy, it does not permit the dissemination of "untruthful, decontextualized, or minimally substantiated facts." He emphasized that freedom of expression does not protect the imputation of serious illicit acts. The minister clarified that the restriction was not on public discussion but on the specific content that, within an electoral context, attributes suspicion of criminal financing to a political party without any basis for verification.

The decision came after a complaint filed by the Brasil da Esperança federation, which includes the PT, PV, and PC do B parties. Mendonça's order, issued on Friday, mandated the video's removal within 24 hours, subject to a daily fine. The ruling highlighted that disseminating serious accusations without minimal proof could compromise the integrity of the electoral debate and mislead voters.

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A liberdade de expressão não protege, em princípio, a imputação de fato ilícito grave