Flávio Bolsonaro's campaign tests limits of TSE under Nunes Marques

Brazil's Superior Electoral Court (TSE) is already confronting significant challenges early in the electoral campaign, particularly concerning the use of artificial intelligence and questions surrounding the electronic voting system. The campaign of Flávio Bolsonaro has been at the center of several controversies that are testing the limits of the TSE, led by Minister Kassio Nunes Marques.

One key issue involves the alleged use of "deep fake" videos. Ministers and scholars have expressed diverging views on whether Bolsonaro's campaign videos, which some deem to be deep fakes, violate electoral law. Article 9, paragraph 1º, of the resolution on AI use in elections prohibits the use of synthetic content generated or manipulated digitally to "harm" or "favor" a candidacy. Some ministers believe Nunes Marques overlooked the "favor" aspect in his interpretation.

Another recent incident involved reports from The Washington Post that two U.S. State Department officials intended to visit Brazil to question the electronic voting system. This followed a speech by Flávio Bolsonaro to foreign diplomats, where he cast doubt on the legitimacy of the electoral process. The Brazilian government denied visas to the U.S. officials.

The TSE released a statement on the matter, which observers considered descriptive rather than decisive. The court noted that its international department had been approached regarding the visit but was not informed of the agenda's theme. The statement also mentioned meetings between Nunes Marques and ambassadors, where explanations about Brazil's electoral process were provided.

These early events signal potential difficulties for the TSE throughout the election. Observers express concern over the court's initial responses, suggesting that more complex cases might eventually reach the Supreme Federal Court (STF), which could lead to differing interpretations.